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Parties To A Civil Right Of Appeal To Protect

Posted on:2007-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:W G LiFull Text:PDF
GTID:2206360185472275Subject:Law
Abstract/Summary:PDF Full Text Request
The ultimate goal of the rule of law is to confirm and safeguard the right of the citizens. The judicial remedy is the most important means to safeguard the right of citizens. Citizens seek the judicial remedy by the exercise of right of action. Civil right of action is the right to bring the civil disputes to civil procedure. It is the starting point of the civil action. The most important point is to ensure that the party can have access to the court easily when the right of the party is trespassed or in dispute. Only when the party can easily have access to the court, the theory of right of action has its value.This paper, from the perspective of the safeguard of the citizen's right to access to court, discusses the issue of protection of civil right of action. The paper is divided into four parts: The first part is the research on the basic theory of the protection of the civil right of action, the discrimination of the definition and the meaning of the right of action and the related conceptions, the introduction of the main theories of the right of action home and abroad, the means, the condition and the principle of the exercise of the right of action. The second part is the research on the necessity of the protection of the right of action. Author analyzes the shortcomings the present protection of the right of action from the perspective of the conception, theory, legislation and the administration of justice. The third part is on the research on the path choosing of the protection the right of action. Author discusses this issue in the following respects: the revolution of conception of the right of action, the lowering of the requirements of the access to court, the revolution the system of case-filing, the enlargement of the scale of the civil litigation, the reform of system of litigation costs and the reform the legal assistance system. The fourth part is on the reasonableness of the protection of the right of action. Author discusses the issue of the proper exercise of the right of action from the respective of the limitation of the abuse of the right of action.
Keywords/Search Tags:Parties
PDF Full Text Request
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