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Research On Formal Admissions Of Civil Procedure Law

Posted on:2013-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2246330371481890Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Formal admission system is conducted by justice, improve the efficiency andincrease the importance of effective litigation system, are most of the world theoryand the general concern of practitioners, and has constructed a more comprehensiveadmission system. In China, the admission system and the deviation of the lag theory,the simple and disorder legislation, judicial action of random chaos and civil activitiesand effective reform of the current civil litigation is very different indeed. In thispaper, the system of admission in-depth and detailed legal analysis, based on the twolegal systems by the major countries and regions of the system of the admission, at thesame time considering he believed the health system in our country and why, the lastfollow the admission system how to build not only the basic legal principles, but alsofor the objective conditions of modern society, but also reflects trends in the worldcivil litigation system in China’s admission legislative ideas. Paper is divided intothree parts:The first part of the admission system, the basic meaning. The article firstanalyzes the basic meaning of the admission-defined.The definition of admission;second section describes the admission of the property; then to the classification of theadmission system, an overview of effectiveness.Admission is the fact that the articlemust have been bad in the fact that, from property point of view, litigation is not anadmission on the evidence, but a rules of evidence.Then analyzes the admission ofthe constituent elements and the basic classification, the classification of whichconsider themselves to be implied in detail, also known as "fiction of himself", fromits enactment of legislation and the characteristics of both were discussed. Then hewas innocent of the court and the parties have the effect of the interpretation.The second part of the admission system of Comparative Law. Article compiledcan collect a large number of relevant information, from a comparative lawperspective, on the common law and civil law countries of the admission system, adetailed study, a comparative study of the same two legal systems and differences. And analyzed on this basis, the advantages and disadvantages of both,and thus reforms have implications for China’s admission system.The third part is the reality of the admission system and the Causes of defectsand how to improve. By admission of the system of legal norms relating to sum up,reviewed in detail China’s admission system and its operational status, the articledescribes the historical development of China’s admission system, and then theadmission of the Legislative and Judicial System of China problems in, and thereasons causing the above situation from different angles in-depth analysis. Last postfrom the establishment and improvement of the practical significance of admissionsystem proceed to illustrate the current reform of the system of admission and thebasic idea of the feasibility and importance of the premise, and to reform the systemof admission to note a number of theoretical issues analyzed based on the closelyrelated with the admission to a series of specific system concept.
Keywords/Search Tags:Civil litigation, formal admission, formal admissionsystem, improve
PDF Full Text Request
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