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On Perfection Of China's Head Of Civil Procedure System

Posted on:2008-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z X YeFull Text:PDF
GTID:2206360215973204Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
With the development of our society, more and more disputesappear. The disputes include not only traditional styles, but also manynew styles, so new challenge is brought to our civil litigationcompetence system. However, academic fields have not studied our civillitigation competence system deeply, and the legislation of this system issimple. As a result, the scope of civil litigation competence is narrow.Also, there exist many problems in judicial practice. What is thebackground of civil litigation competence? What challenge and chancedose the background bring to this system? It is a worthy topic to studyhow to improve the civil litigation competence system. This thesisstudies this issue from the angle of new environment in our society. It iscomposed of four chapters with 40 thousand words.Chapter one: This part reflects the concept of civil litigationcompetence, and points it including states standards and brieflydiscusses the background of this concept. On this base, the article bringsforward the angle of analyzing background. Then, this part discusses themeaning of improving civil litigation competence.Chapter two: This part analyses the present situation of civillitigation competence system from legislation and judicial practice.There exist many problems. The legislation of this system is too simpleso that the scope of it is narrow and many rights and interests areexcluded. In judicial practice, the courts represent power standards: theyenlarge or dwindle the scope of competence optionally. When facingdifficult cases, the supreme court promulgates judiciary explanation toregulate the scope of competence and confine people's right of action. Insome cases, courts initiatively dwindle the scope of competence to avoidthe conflicts with administrative powers.Chapter three: civil litigation competence system is not an isolatedphenomenon. It lives in specific environment and is affected by manyelements. This part analyses these elements from three levels. First, it analyses the practical level. People approach judiciary remediesbecomes easy, the diathesis of judge is upgraded and the situation ofexecution becomes good. The advancement provides external supportsfor expansion of competence scope. Second, it analyses the theoreticallevel. Judicial powers act an important role in our society and needexpansion. The improvement of civil litigation competence system canimpel the mightiness of judicial powers. Third, it analyses the litigationculture level. That people's thoughts about litigation transform frompurchasing harmoniousness to vindicating rights and interests impelspeople would like to put disputes forward to courts. This demands theexpansion of civil litigation competence. The three elements alldemands the improvement of civil litigation competence and alsosupports the improvement.Chapter four: This part discusses how to improve our civillitigation competence. First, at the theory level, we should build correctlegislative and judiciary ideas. Also, the civil litigation competenceshould be limited in a moderate scope. Second, it discusses how toimprove the legislation of this system. We should adopt the principle ofjudicial final settlement and the estimating standard of interest of action.Then, it conceives the concrete legislation. We should use bothnonobjective statement and concrete enumeration to prescribe the scopeof civil litigation competence. Also, we should conceive how to solvethe argument that if one dispute should be solved by court betweenparties and courts. Third, it discusses how to improve the practicalenvironment from the angle of the related elements referred in chapterthree.The improvement of civil litigation competence system is a longand gradual process. We should improve both this system and its livingenvironment, so that we can make it perfect and help it exert itsimportant function.
Keywords/Search Tags:civil litigation competence system, judiciary resource, judicial powers, interest of action, the principle of judicial final settlement
PDF Full Text Request
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