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The Litigation Methods Investigation Of The Facts Corresponding To The Legal Requirements About The Loan Contract Between People

Posted on:2014-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y TuFull Text:PDF
GTID:2256330401978004Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The facts corresponding to the legal requirements, which mean that the mattersof the cases could lead to the parties’ right to be generated, hampered, exterminated orsuspended. The identification of what are the facts Corresponding to the legalrequirements, on the one hand, it Can help the judge concentrate on the main disputedelements in the trial, other than the non-essential facts that can’t lead the parties’ rightto be changed, on the other hand, it can help the parties attack defense better duringthe lawsuit process to protect their legal right. Last but not the least, The factsCorresponding to the legal requirements could tell the judge and parties which onewould undertake the burden of producing evidence and the burden of proof. All in all,the facts corresponding to the legal requirements play an important role in civilprocedure theory and practice, it is worth studying.In This paper, there are three parts to state the facts corresponding to the legalrequirements of the loan contracts between people.The first part is basic theory of litigation methods about the facts correspondingto the legal requirements. This part includes the basic meaning and characteristics ofthis theory and the value of research. This part forms the theoretical system ofelements that litigation method in the whole and illustrates the essential facts theory’s position in the civil procedure theory and how to achieve cohesion and match withother theory.The second part is to construct the categorization of the facts corresponding thelegal requirements about the loan contract between people, and this part is the core ofthe paper. This part combines the basic theory of the first part and the loan contractbetween people to construct the facts corresponding to the legal requirementsespecially for the cases about the loan contract between people.The third part is a case about loan contract between people, which apply thefacts corresponding to the legal requirements about loan contract constructed in thesecond part into practice. It is a model to help the judge and parties know how to usethe facts corresponding to the legal requirements in practical cases.
Keywords/Search Tags:the facts corresponding to the legal requirements, litigation method, object of litigation, burden of proof, burden of producing evidence
PDF Full Text Request
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