Font Size: a A A

The Litigation Facilitation Obligation In The Mode Of Corporatism

Posted on:2013-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:C MaFull Text:PDF
GTID:2246330374969366Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In today’s civil action, some of the parties to participate in the proceedings, or other participants in the proceedings in order to maximize the interests of its own proceedings, the relevant provisions of the parties right of action, such as delay during the proceedings, the hysteretic behavior of the litigation process to avoid the legal obligations thus delaying the proceedings. Judicial public resources as a social commitment to quell the contradictions and disputes, maintaining social stability. Fairness and efficiency as the two important values, the two often do not co-existence, justice is everlasting human judicial process goals and truth, and efficiency is also social progress, an important catalyst of economic development and guarantee. Citizens have problems go to court and the judge as a neutral referee is obliged to provide their clients with impartial referee in line with cases of real, but this referee should not be after too long waiting for. Long the referee is a referee of evil, litigation excessive delay equivalent to refuse to referee. Every citizen has equal access to its opportunity to, if a dispute individual is too much for this resource-consuming, and will lead to society as a whole and just missing.As the proceedings gradually no longer be considered only belong to the demands of the parties to protest, and gradually entered the judge’s direction and assistance of operating Community era. Emphasized that the Court, both parties to the tripartite collaboration Cooperative into the public eye, and as a litigation baton play a certain role. Parties to litigation to promote collaborative’mode obligations are modern countries to prevent the proceedings from abuse, to prevent the proceedings proposed by the delay which is designed to urge the parties to actively exercise their rights to promote the program swift code of conduct. Main exchanges, instant answers, the program for pre-trial opinion, the exchange of evidence the obligation of the stage of the proceedings and helping to clarify the obligations of the facts of the case relations and the parties have maliciously delaying the litigation acts exclusion. Moreover, parties to litigation for an obligation is not an isolated system, is an important part of the Cooperative, the parties to litigation to promote the release of the obligations and the loss of the right function, complemented by the judge to clarify the obligations are often little more than efficiency of the proceedings, to protect the role of substantive justice to achieve. Parties to litigation to promote the obligation to require the parties to have the good will of the obligations of the proceedings, collaborative investigation to clarify the fact that the relationship between one’s own ideas, evidence and without delay in attacking and defending methods malicious, otherwise if the result in legal action to delay or retardation unfinished and no reason not attributable to its own, will assume the adverse legal consequences.
Keywords/Search Tags:Principle of cooperation, General litigationfacilitation obligation, Cooperatively interpreting factualrelations obligation, Loss of rights
PDF Full Text Request
Related items