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Specific Obligations Of Civil Parties

Posted on:2014-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q R WangFull Text:PDF
GTID:2246330398965343Subject:Law
Abstract/Summary:PDF Full Text Request
In the civil lawsuit field of adhering to the doctrine of the debate run mode, in order toobtain a favorable position in the proceedings, the parties should put forward their ownideas and they also have the obligations to put forward specific facts to support theiradvocates claim. Only when the facts that the parties proposed reached a relatively detailedand clear degree, it was regarded that the parties made the claims of responsibility. This isjust the embodiment of the specific obligations of the parties. The problem that whatdegree the facts of the parties insist on to achieve can meet so-called specific requirementsis not only the parties specific obligation theory will be solved and proved, but also thecore problem that will be discussed in depth in this paper.Since the current Civil Procedure Law did not explicitly rule the regime of specificobligations of the parties in the form of a statute, after the traditional debate doctrineamended, there were contradictions between the revised theories and the specificobligations theories of the parties. Fortunately, because our country was actuallyrecognition of principle of debate and has the desire of the principle of concentrating ontrying principles, the soils of judicial practice excessive litigation and abuse of courtproceedings resources were increasingly marginal, all of these provided a premise for thespecific obligations system of the parties. I try to elaborate analysis on the basis of thespecific obligations of the parties, propose pretrial procedure as a platform, build andimprove the specific duty of the parties, and lay system platform for the application of thespecific obligations of the parties.
Keywords/Search Tags:Parties, Advocate Responsibility, Specific Obligation, Construct
PDF Full Text Request
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