The Right To Appeal The Concept And Elements Of The Investigation

"No right of action, no remedy"is a legal saying as famous as the old proverb"No remedy, no rights". Right of action is not only the footstone of civil procedural theory, but also"a practical task connected closely with people'common life"â‘ . Analyzing the concept of right of action will help us to comprehend the relations between the civil substantive law and the civil procedure law, and will make the relations between right of action and other important concepts, such as the purpose of civil procedure, the object of civil action, much more clear . Analyzing the elements of right of action will help to ensure people's right of approach to justice and also help to balance the interests between people and country. Procedural justice and procedural safeguard are both important values of litigation civilization, which are the goals of China's judicial reform. Viewed from procedural safeguard is only a try. The author's purpose is to enrich the concept of right of action and realize procedural safeguard in China.This dissertation consists of the following five parts:Chapterâ… is about the criteria of right of action. This section reviews the theories of right of action in history first, and then provides one formal criterion and three substantive criteria.Chapterâ…¡is about the theoretical analysis of the substantive criteria. By analyzing the whole process of civil procedure, Chapterâ…¡discusses the first substantive criterion about the relations between the civil substantive law and the civil procedure law. And then Chapterâ…¡makes an analysis of the second substantive criterion of the procedural safeguard purpose which is based on the history of dispute settlement and Theory of Justice,the Maximin Rule founded by John Rawls.Chapterâ…¢is about the positivist substantive criterion in accordance with the developing of social status. This section gives a description of civil procedure in China with certain datum from the Report on the Work of the Supreme Court and a paper about the actual operation of first-instance civil procedure written by professor...