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Discussion On The Effect Of Civil Justice

Posted on:2009-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhouFull Text:PDF
GTID:2206360248451063Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The civil justice effect is that civil justice act and its results of the judicial role in the community as well as social acceptance or rejection of the conduct and results of the combined effect. Made this proposition to be placed on the civil justice actual social scene, including the judiciary, to the public, from the perspective of a comprehensive review of the civil justice process, the results and environmental factors, to avoid biased evaluation of the civil justice, civil protection sustained and healthy development of the administration of justice, promote the role of civil justice cycle results in a benign cycle. This paper defines the connotation of civil justice effect and impact analysis of the effects of civil justice major factors that affect civil justice Evaluation of the main factors, as well as evaluating the effectiveness of civil justice basic principles, with a view to promoting the effectiveness of the civil justice scientific evaluation for civil Justice scientific development to provide new ideas.In addition to the introduction and conclusion, this paper is divided into three chapters.The first chapter of the civil justice effects of a defined meaning. First, the effect of proposed civil justice system, the starting point is that in order to meet the needs of social transformation, or more like a legislative remedy imperfections expediency. Secondly, the so-called civil justice effect is that civil justice act and its results of the judicial role in the community as well as social acceptance or rejection of the conduct and results of the combined effect of which, the legal effects can be expressed as: The law should be the sole judge of the faith, whether the norms and system level to be implemented strictly follow the law of Judicial Conduct, is the only legal effect of evaluation standards, in a strictly abide by the law as the purpose of purely environmental justice in the judicial conduct inspection results, the legal effect and the community effect, the paper that should include, but not limited to the following aspects: 1, the parties, the public and justice policies of the three main decision-making, civil cases made by the social evaluation; 2, the impact of the Justice Policy; 3, the public law belief in the quality of the culture; 4, the social reform, development and stability of the impact. It must be noted that social effects are rich in content, at this stage in the dominant discourse evaluation of the status of the community and its meaning is only one form of expression, not all. This chapter Finally, on the civil justice legal and social effect a separation of legislative reasons, the causes and social justice causes and effects of legal and social effects of the unification issues.The second chapter of the effects of impact on civil justice major factors discussed. This chapter covered by the broader issues, but not this chapter on the subject itself, but from the existing theory of general point of view, focuses on the effects of civil justice and internal relations, and civil justice system in an attempt to influence the results of a main factors more comprehensive coverage described. This article holds that the impact of the civil justice effect the following five main factors: (a) The existing legal system. Bound by the legal system function and regulate the ever-changing reality of civil legal disputes between the existence of a "dilemma", we should not stick to rigid meaning of the text of the legal system, and should establish an open legal system. (B) the level of judicial capacity. In a sense, justice is a form of art. Including professional judicial capacity and comprehensive judicial capacity, the ability of the two, is a qualified judicial officers should have; (c) the level of judicial efficiency. Including expected judicial efficiency and the actual implementation of the civil justice system efficiency and the effective functioning of the two aspects of judicial efficiency impact on the level of the pros and cons of civil justice effects, and (4) whether the judge strictly abide by the law. As a representative of the main exercise of judicial jurisdiction of the judges, their incentives including corruption offences factors and non-corrupt two factors, we hope to improve the system to remove the incentive to get good results civil justice; (5) full attention parties factors, as well as judges and the parties to achieve the full interaction. Party with the full exchanges between judges, not only through the procedures involved in the principles and legal procedures to protect the rights of the parties the necessary means, but also to absorb the parties grievances of the civil parties to remove non-rational evaluation of judicial effect, the effect of improving civil justice system an important way. The third chapter of the impact of civil justice Evaluation of the main factors for analysis. First, this paper will be divided into three main evaluation, including specific parties, the public and judicial policy makers, and thus the basis for the classification of the main factors on the civil justice process in the evaluation of the impact analysis. Secondly, the object on the evaluation factors were analyzed. The results reflect the overall justice is a judicial jurisdiction of the overall state of operation, and case results reflect judicial proceedings, as well as civil cases by the magistrate results of the evaluation. Then, on the time factor analysis. Strictly speaking, the time difference is not affecting the civil justice system evaluation factors or an original, the main evaluation of the civil justice system in the Evaluation of the effect of the main evaluation criteria is essentially the result of constantly changing, but on the other hand, show appearance and the close ties between the time factor. Third, with regard to geographical factors were analyzed. Geographical differences will lead to civil justice in the overall results and the differences in the individual, and the differences, and in ethnic minority areas was especially typical. Finally, this article from the accessibility, acceptability and enforceability of the three areas, effects on evaluation of civil justice in the process of the basic principles that should be followed, with a view to evaluation of the civil effects of the basic principles of justice, and various types of evaluation of the main expectations to the basic principles to guide, to the extent possible filtering the irrational factors in the evaluation process, so that the community can be more objective evaluation to reflect the true effects of civil justice, so as to judicial policy-makers provide a useful reference, and to promote effective role of civil justice cycle of a virtuous circle.
Keywords/Search Tags:legal effect, social effect, Influencing Factors, civil justice effects
PDF Full Text Request
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