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Institutional Improvement On The Debate Principle Of Civil Procedure Of Our Country

Posted on:2013-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2246330395951945Subject:Procedural Law
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The debate principle is one of basic principles of Civil procedure.Its nucleus contentis right of debate.According to the debate principle,one hand,right of debate is one oflitigation rights of Litigants who can exercise right of debate in Civil procedure;one theother hand,assurance of right of debate is duty of court which can keep order of debateand explain necessarily.Law of Civil procedure provides the debate principle welldetermines disrinctly its sufficient implement,thus determines indistrictly proceduraljustice.China’s civil law principles of debate in the inheritance of the former Soviet Unionin the Civil Procedure Act and established on the basis of the theory of,the judge interferewith Civil procedure strongly,and there are significant shortcomings in Westernprinciples of the ture sense of the debate.But with China’s socialist markert economicsystem gradually improved,building a harmonious society,the concept of socialist rule oflaw fccus on legal and social effects of the unification,the judege interfere with Civilprocedure weekly,gradual strengthening of the rights of the parties,civil trial under wayin the reform,civil trial under way in the reform,China’s civil action patterns are form thesuper-powers doctrine to the adversary changes,the original principles of our civil debateis no longer adapt to the requirements of civil model transformation,this urgent need forreform of the principles of debate,that debate should be to establish bindingprinciples.And in our debate on the principles of legislation and related proceduressystem provides enough detail,there are some shortcomings,in judicical practice does notlead to a good implementation of the principles of debate,lack of debate on the parties tofully protect the rights,ignoring the dominant position of the parites to the process.Therefore,this debate by the principle of Two schools of study and comparisionof,that the principles of our civil debate with reference to the improvement of basicideas,procedures and systems,combined with the actual legal environment in China,madespecific recommendations for improving the principles of debate.This paper introduces the basic meaning of the principle of the debate,that theprinciples of debate in civil law countries and regions,known as the “debate on the doctrine.”In common law counties,refererd to as “the adversarial principle.”Princleknown as the debate in our country.Although the basic meaning of the differences,theprinciples function of the real debate is the same.Namely,to achieve the value ofprocedural fairness,to protect the domiant position of the parties to the process,impovethe efficieffcy,restrict the right to appeal the Court of jurisdiction over the paries topromote.Two schools of the principles of debate and then make comparisons,and bycomparing the sum of our country learn the principles of civil debate.The principles ofdebate for the improvement of China’s Civil Procedure provides the basic ideas and thereference value,for example,have a bingding effect,are parties to the debate on the rightprovides a comprehensive procedures and systems security.The current situation ofChina’s civil debate on the principles and problems,such as China are non-bingdingprinciples of debate;pre-trial defendants are not binding on the respondent;court debate amere formality;parties to gather evidence of the investigation system to protect the rightsof the lack of;parties to gather evidence of the investigation system to protect the rightsof the lack of;paries lack counsel.In view of the status of our country,this paper proposesthe principle of improving our basic civil debate ideas,namely,model transformationshould be adapted to the needs of China’s Civil Procedure;should adhere to theprocess-based concept of the main line of action;should conform to the principles ofmodern trends in the debate.Then along these there basic ideas,put forward a soundprinciples and procedures for improvement of the system,including the identification ofthe binding effect of the content of the debate,improbe the system of pre-trialdefense,improved procedures for the court debate;second is to implement the principlesof debate on the improvement of related systems,including the parties to the investigationand evidence collection system,improve the system of legal representation.
Keywords/Search Tags:The Debate Principle, Debate right, LitigantsRestriction Procedure
PDF Full Text Request
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