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Right To Explain

Posted on:2005-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:H HuangFull Text:PDF
GTID:2206360125961637Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The textual research object is a civil case in court the judge in the procedure releases the clear power problem.for this, I designed three researches level of structure. First, want to be to the creation development that release the clear power to proceed a foundation for system completely combing, from but establishing to releasing clear power knowing with content and kinds;The next in order, lead into on the cognitive foundation the Habermas's discourse theories, combining from win election to choose to discourse with company with rationality this Tightness of category conduct and actions tool, launch to release the clear power function with exercise the analysis of the mechanism, then become to company with the behavior theories visual field descend of release the clear power problem;Finally, then release clear power is breaks a people, regard companying with the behavior theories as to guide, analyze the party concerned doctrine frame descend the civil case in court process of judge with the party concerned behavior, hope to be in Chinese civil case in court system construction or purchase, the establishment litigation participates the, square and good communication, from the structure and form that resist the cooperative and new cooperative relation in direction.This text corpus included two greatest parts.The first part is chapter 1.Primarily to creation development, kind, definition and academic circles that release the clear power with actual situation field as to it's of a series of and main standpoint proceeds the statement, the second part is chapter 2-4.A point expatiated the Habermas's companies with discourse theories inside behavior with company with the rationality problem, releasing for the further treatise in chapter of behind the clear power problem provided the theories weapon;A function for then making use of this theories discussing releasing clear power define with exercise the mechanism;At last and the four-part cent discusses to release the clear power in Chinese civil case in court system set up of function, in addition to oneself of function value, especially to specially enlightenning of the civil case in court principle conversion.
Keywords/Search Tags:the right of Interpretation, theory of communicative, the rationality of the communication
PDF Full Text Request
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