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On The Principle Of Equality Of The Parties In Civil Litigation

Posted on:2008-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:J B ChenFull Text:PDF
GTID:2206360218460842Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The equality of litigant is a basic principle in civil action; it is not only intrinsic request of the civil action goal and the lawsuit structure, but also the inevitable request of maintaining the fairness and enhancing the lawsuit efficiency. Especially the pursuit of lawsuit litigant's equal standing has agreed with humanist, the construction of socialism harmonious society, which is the mainstream ideological trend in our country. Therefore, the author selects this principle as my study object.This article is constituted of five parts. It starts with the connotation of litigant equality, inspects the development process and the differences between Chinese and foreign litigant equality principle, proposes the right connotation of equality of litigant principle in civil action in our country, and analyses the rationale of this principle from different angle.In view of the litigant's unequal situation in the legislation as well as the judicial practice at present, the article promulgates the reasons such as litigant's difference, the flaw in legislation, as well as the unbalanced judicial safeguard and so on, and finally proposes the conception of consummating the equality of litigant in our civil action.Chapter 1 is the outline of the equality of litigant in civil action. After the introduction and the analysis of the related definitions, the author proposes his understanding regarding the name of the principle, the connotation as well as its status in the civil action, in order to make a foundational work to handle this principle as a whole.Chapter 2 is mainly the inspection of developing process and the differences of this principle between China and foreign countries. Through the contrast, the author thought the principle in our country at present should be the unification of form equality and the substantive equality; the substantive equality is our goal, but the more important and basic question also lies in the realization and further consummation of the equality in the rule.In order to reveal the reasons of inequity and propose the solutions to the problems in the latter word, the third chapter analyses the theory basis of the equality of litigant from different angles.Chapter 4 is a brief introduction of civil action legislation and judicial practice of this principle in our country. In this chapter, the author pointes out the situation in which the principle was violated not only in the form but also in substantive with emphasis.Chapter 5 analyses the reasons why the litigant equality is violated at first, proposes the guiding ideology of consummation in view of these reasons, and then consummates the principle from such aspects the region jurisdiction, the legal procedure, the duty of litigant, interpretation and definitude of judges, the assignment of burden of proof and the Legal Aid system.
Keywords/Search Tags:The equality of litigant, Equality in status, Opportunity equality, Risk equality
PDF Full Text Request
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