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Civil Rights And Actionable Research

Posted on:2008-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:L T GuFull Text:PDF
GTID:2206360215966604Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The modern society is a right society. "Where there is a right, there is a remedy", in the civil right safeguarding, anybody all may decide independently whether files the lawsuit. The question to the suability of civil right not only relates standpoint and the manner of the country to the correlation civil rights and interests, but also relates the status and the function of the judicature in the harmonious society, in fact it also relates civil right whether have the nature of right..This article consists of three parts: foreword, text and the conclusion .Besides, the text is made up of five chapters. The foreword mainly explains the reason and meaning for studying this proposition. Beginning with telling the meaning of right and the suability of civil right, the text points out the inherent relation to the civil right and the civil remedy; it analyzes the core status and vital significance of the judicial remedy in the civil right remedy. And take this as the foundation, through the investigation intrinsic relations to the suability of civil right with the civil request power and the right of suit, as well as with the court the document scope and the lawsuit sign relations, this text explores the basic connotation of the suability of civil right, and announces the constitutional government value to safeguard the suability of civil right in modern society ruling by the law. And then through the investigation and comparison of the condition of the suability of civil right in the two legal systems, it points out the fundamental rule to the suability of civil right. On this basis, analyzing the chief obstacle to the suability of civil right in our country, this text points out the negative effect to the civil right safeguard from cannot suability system. Finally, through analysis of the principle of finally provide remedy by judicature, the text proposed the judicial standard to the suability of civil right, namely interest of law standard, the validity standard, the objectivity standard, and from legislation, judicature, system, judicial theory and so on. At the same time, it also proposes basic measure to enhance judicature safeguard about civil rights.The suability of civil rights is a new task and proposition full of theory in the civil law field. Without sufficient accumulation of theory knowledge and the rich judicature experience, it must be infantile and vague. I know that to some extent my intelligence and ability are insufficient, which may make the thesis have some gaps and omissions unavoidably. I would be grateful if teachers makes a comment and give me some advices.
Keywords/Search Tags:civil rights, suability, judicial remedy, safeguard
PDF Full Text Request
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