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Civil Procedure Model Theory

Posted on:2007-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhuFull Text:PDF
GTID:2206360185980453Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
How to reform China civil trial form and give a rational distribution of the parties'lawsuit right and try power of count,which make the reform on legal procedure and ensuring system be coordinated and finally mount the aim of forming civil litigation system,is a big topic in resent judicature reform.Nowdays,there is a common sense on academic circles that the reform of civil trial form should strengthen the research on its system to establish a scientific theory basis to guide the practice,in which the research on civil litigation pattern has been a highlight theory problem on law circles. On the part of transite civil litigation pattern,giving a theory establishment on the civil trial form is good for overcoming the shortcoming of form of count try to change the lower starting points the lack of layout distribution,and unitary and narrow weakness and finally to carry out the transform on civil litigation mechanism that can make a more rational distribution on parties'lawsuit right and try power of count.The preamble part stresses the research process on China civil litigation pattern,which explain the different understanding on recent theory preliminary,definiting and enhancing the position of civil litigation pattern and the necessarity and importance of the reform.On the first part,through the research achievements,it definites that civil litigation pattern and civil trial form are the two different concepts,but there is inner connection between them. This part expounds the relationship of them and explains the definition of civil litigation pattern.On the second part,through analysis of the establishment of civil litigation mechanism and the connection between civil litigation pattern and civil litigation mechanism,it is the generalization of the features of the mechanism.Grasping the structure is heart of the reform on it.On the third part,basing on explaining the comparation of the two resresentative forms,it explains the characters and discrimination of each form and analyses the good and the bad of them.
Keywords/Search Tags:civil trial form, reform, civil litigation pattern, establishment transition, civil litigation mechanism, transform
PDF Full Text Request
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