| Along with the expansion of the gap between the rich and the poor, social stratification visible increase and intensified conflicts between different interest groups, many problems about the vulnerable groups are growing concerns. Laid-off workers, the disabled, the elderly, women and children and farmers, and so on, all belong to these group areas. Workers, employees, consumers and others of vulnerable status in society who make this team be growing trend. How to strengthen the protection of weak trend litigant, in order to make the interests of the various strata of society develop harmoniously and balanced, and promote the development of society, what has became a pressing issue. In civil procedure, it is about how to protecting the weak trend litigant, study the mechanism of civil procedure protection for them. It is not only the show of fair and justice of civil procedure ,but also the problem of human rights protecting. The paper is caring about the problem, the author give some suggestions about the protection of weak trend litigant. This paper attempts to probe into the solutions to the problem of social weak trend litigant in China through the building of civil procedure protection mechanism.The paper has more than 30,000 words and consists of five parts except the prelude and the tag, which are as follows:PartⅠ. The summarize of procedure protection for weak trend litigant. This part defined the conception of weak trend litigant, focused on the connotation and extension of weak trend litigant in the scope of law, and it is different with traditional sociologic definition. The author analyzed the reason of weak trend litigant, including natural reasons , social economic structure, social status and social identity. made off the basic composing, and traditional, new, pure relativity. The research object of our paper is social weak trend litigant, which is in the weak trend because of some social system reasons. Upon this, the author analyses the characters of the weak trend litigant in civil action, so that we can provide more active protection.PartⅡ. The special value of procedure protection of weak trend litigant. This part is the theory basic. First from the legal angle, elaborating five aspect, including protecting human rights, pursuing substance justice for consolidating the fair and unification about special protection and Equal rule, authority assignment of judge in our special lawsuit pattern and the neutrality of judge. Second we should advance the lawsuit efficiency and save the resource, advance judicatory belief, for constructing harmonious society.PartⅢ. Review the foreign prescribe of procedure protection for weak trend litigant. This part from the litigant system, the region jurisdiction system, the evidence system, introduced the procedure protection for weak trend litigant in some type countries, for example England, Germany, France, Japan and so on.PartⅣ. This part included two parts about present situation of civil procedure protection for weak trend litigant in our country and the concrete flaw. Although at present has to the vulnerable party litigant rights and interests protection attention, but the related stipulation that actually appears empty disorder, and the feasibility is bad. Therefore the article induced six aspects flaws about our country to protect the condition to the weak trend litigant.PartⅤ.Legislative suggestion about procedure protection for weak trend litigant, is helpful in protection and realization for weak trend litigant。This part is mainly in the foundation of equal and fair, it proposed in the concrete lawsuit advancement, the legislative suggestion to the Judicial department carries on the rescue regarding the weak trend litigant. In order to help the weak trend litigant rights' and interests' protection。... |
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