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On The Subject Of Our Civil Procedure Theory Construction

Posted on:2007-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:J ShiFull Text:PDF
GTID:2206360182490230Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The theory concerning object of civil action that is one of core theories among the basic theories of civil procedure in system of civil law, has the extremely vital role and the significance in the civil action. Since the middle of 19th century, the civil procedural law circles in countries of civil law system, especially in Germany and Japan, mostly all participated in the big academic discussion of the theory concerning object of civil action, that promoted the entire system of civil action into the prosperity and the development. But the research of theory concerning object of civil action is relatively in the condition of delay in our country, such as the question of implication,function,recognition standard of object of civil action has not widely and fully been discussed. Based on these, the author argues the related questions of object of civil action with the topic of the construction of the theory concerning object of civil action in our country .The whole article is made up of three chapters besides a forward and the conclusion.Chapter One: discusses the significance of research of the theory concerning object of civil action in our country .This chapter first argues and reveals the meaning of object of the civil action through inspecting from the historical origin and the specific word meaning two aspects. Then the chapter estimates the present situation of the theory from three parts of the fundamental research, the litigation legislation and the judicial practice, highlights the reality urgency of study the theory concerning object of civil action in our country. Finally, through discussing the functions of the object of civil action in the civil litigation the chapter manifests the theory significance of study the theory concerning object of civil action in our country.Chapter Two: all kinds of the theories concerning object of civil action are introduced and evaluated. According to their historic order, this chapter...
Keywords/Search Tags:object of action, fixed validity of judgement, interpretation right
PDF Full Text Request
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