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Civil Judicial Application Of The Good Custom

Posted on:2013-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:X F SunFull Text:PDF
GTID:2246330371994259Subject:Law
Abstract/Summary:PDF Full Text Request
The good custom, is the civil law principle of public order and good customcomponents, which belongs to the uncertain concept and general terms. For the goodcustom application, through the historical investigation, countries because of political,economy, history, culture, society and other reasons varies.Study on the civil judicial use of good customs, to construct the socialist harmonioussociety, the judicial activism in response to the call, to enhance the credibility of thejudiciary and the standard of right of discretion has irreplaceable significance and value.However, for the good custom in the civil justice in how to use, at present our countrylegislation lacks specific regulations. This gives the judge in the civil justice in the use ofthe good custom is difficult, and are prone to lead to the abuse of the right of discretion.Good custom in the civil justice in the use of legal basis and practical judicial demand, isfeasible.The author through theoretical research and Empirical Analysis on the good custom,civil judicial application rules for design and construction of. Hope to have more effect, toour country civil judicial practice somewhat help.
Keywords/Search Tags:Good customs, Civil Justice, Rules for construction of
PDF Full Text Request
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