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Legitimacy Of Judgments In Civil Procedural Safeguards And Manifestations

Posted on:2008-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
GTID:2206360248452795Subject:Law
Abstract/Summary:PDF Full Text Request
The legitimacy of the civil judgment is that the civil judgment has to let the parties and the general public agree with the community, trust and accept the attributes. The legitimacy of the civil judgment includes two main aspects: the outcome of the entities legitimacy and the legitimacy of the proceedings. Evaluation of the civil judgment, people-oriented entities not only the outcome of the fair, which has become increasingly concerned about the formation of judgment whether the proper proceedings. In addition, civil judgment of whether the manifestations of the whole process of litigation activities of evidence, findings of fact and whether the law applies fully to the analysis and reasoning, but also on the civil judgment to evaluate the legitimacy of one side.This paper legitimacy of the civil judgment, are based mainly on the basic tenets of the Code of Civil Procedure, focusing on the process of formation of civil judgments value and judgment procedures form of expression with the actual situation in China's civil action through the following aspects of exposition:First, through civil proceedings exposition of the basic tenets of value, the value of Civil Procedure Demonstration civil judgment legitimacy theory is the theoretical foundation.Second, civil due process embodied in the principle of the neutrality of the judges, the parties of the principle of equality, the principle of the parties involved in the civil judgment is the basic guarantee of legitimacy and the core.Third, the performance of civil verdict form that is the ultimate judgment through civil carrier, to the formation of the civil judgment be reflected, not only to reflect entities fair, but also must reflect the fair proceedings.On China's judicial system and improve the scientific enough, the judge law as a whole is not high quality, regional environmental justice vary between the cases, the theoretical value of a correct understanding of the proceedings, the establishment of a sound scientific civil institutions, civil judgment on the protection of legitimacy is particularly important.
Keywords/Search Tags:civil judgments, legitimacy, procedural safeguards, manifestations
PDF Full Text Request
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