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Debate Principle In The Theory Of Civil Litigation

Posted on:2013-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2246330371981894Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The debate principle is a basic principle for the civil which needs the litigants’fully judiciary freedom in our lawsuit action ,and therefore researching on the debateprinciple is absolutely important for enriching and improving our civil proceduretheory.Through analysing the basic content of the debate principle, point out thedefect when we apply it in judiaiary practise and propose the concept for perfectingthe adversary of our country in order to realize the value of the debate principle forthe basic of civil procedure .This thesis divide into four parts :The first part is bringed out he debate principle by a case, for instance,thecontent , the base and the value . The basic concept of the debate principle is as thebasic decision,the material should be raised by the litigants ,the court just can makeits decision by the material the litigants raised and completely bated . Then the thesisanalyzes furtherly the debate principle’s basic and value , which is the foundation forthe analysing in the following part .The second part is research on the history source .this part will introduce thehistory source and the content in two law system. The thesis compare the landsystem which representative are the Germany, Japan and France with the other lawsystem on the debate principle. The reform and development of China will bedecided by them.The third part is specifically analyse the provisions of the debate principle,including the concept source , the difference between the our country and the twolaw system in its source and specifically analyse the present status and defect of ourcountry’s the debate principle .The paper will clarify the defection both in the theoryand apply in law .The last part is complete the debate principle base on analysing our country’sstatus .Raise several feasible advice on the re-establishing from confirming andcomplete the theory system and procedure . The author put forwards to establish thesystem of restrained the debate principle .Give the support to help the litigants to get evidence. Borrow the view from land law system ,establish the judge’s explainationpower in the legislation ,make it clear what is the judge’s explaination power and theconsequence break it in order to get the debate principle which is fit for the runningrule of our civil prodcure .
Keywords/Search Tags:the debate principle, defect, complete
PDF Full Text Request
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