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Construction Of A Civil Contract

Posted on:2014-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:B LiFull Text:PDF
GTID:2266330398468505Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In our country, civil litigation is an activity of national public power to intervene to resolve disputes, further more the mode of procedure has been the authority principle lawsuit pattern, in this lawsuit mode more emphasis is on the public force, thus ignoring as a subject of litigation parties’ rights.In this way, it leads to the intensification of the contradictions between the parties and the judicial organs in the process of litigation, litigation efficiency rate drops, it is not conducive to the establishment of China’s socialist harmonious society.With the deepening of China’s judicial reform, absorbing the litigation mode of the adversary, laid the foundation for the construction of China’s civil litigation contract.Civil litigation contract refers to between the parties in civil litigation, runs through the whole process of civil procedure and civil execution phase, and action to a consensual procedural law or law enforcement on certain legal effect.In the typical countries of Anglo-American law system, litigation contract is an important part of the civil procedure law, it is from of expression is quite rich.Andits requirements and procedures have been quite perfect.But in our country, litigation contract is still in its infancy stage, although the new revision of the Civil Procedure Law of this part is involved, but is still on the surface of things, the need to be further improved.
Keywords/Search Tags:civil litigation, contract, the principle of honesty and credibility, construct
PDF Full Text Request
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