The Construction And Operation Of The System Of Clarification Right

Our civil trial system is in a complex transition period, the basic idea of modern litigation constantly being introduced into China, and gradually reflected in the reform of civil litigation, debate system is the core of them.The scholars pay more attention to the system of clarification right,which is being the part of debate system. Because of its function of supplying a gap for the debate system, and promoting efficiency and finding the real action, it has been recognized mainstream opinion by the scholars, there are more and more research about the construction of the system. But in legislation and practice level, research also in-depth. This paper studies on the basis of the theory of the system of clarification right and focus on finding the system construction, and further analysis of operating characteristics, hoping to make some contribution to the legislative level and system level on the construction of the system of clarification right.This article is divided into three parts, introduction, body and conclusion. Introduction:This part briefly introduced Civil Action transformation of China, the establishment of the debate doctrine, contrast characteristics of the two legal system litigation mode and comparison of China's national conditions, that the statute law has an important reference for us. Further explained the problems in current practice, we realize that establishing the system of clarification right is very importance in the reform of civil procedure.This thesis body consists of three chapters.ChapterⅠ, outlined the system of clarification right and the necessity for its construction. First of all, it introduced the concept, meaning, nature, and history of the developments in foreign countries of the system of clarification right. Secondly, it cluster analyze current legislation, juridical practice and research status of the system of clarification right and how to establish the system of clarification right between the two conflicts. Finally, it affirmed the necessity to establish the system of clarification right from the local national conditions of China.ChapterⅡ, building the proposed piece of legislation Of the system of clarification right. The First, second and three segments are the exposition of the system's fundamental principle, system scope, rules of order, which lays the foundations for the system legal provision. Section IV is the exposition of the system's remedy system, which lays the foundations for legal provision of the objection rule and retrial redress of the clarification right, which in order to form the proposed piece of legislation in the last segment. ChapterⅢ, stated in the civil rights system in the ordinary run of the proceedings. This chapter tries to clarify the operation of the rights in ordinary civil proceedings, which hopes to strengthen the research on the operability of the system of the clarification right of this analysis. This part includes the clarification right of judges, transfer the proposed operations under the situation of review recommendations, and the concrete ideas in various stages of civil proceedings.