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Mode Of Equitable Judicial Relief

Posted on:2014-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q LiFull Text:PDF
GTID:2266330401484943Subject:Legal history
Abstract/Summary:PDF Full Text Request
Equity as a unique source of law and common law legal system in Britain, two lawenacted law origin to prop up the whole legal system of Anglo-American law system.Equity’s creation and development has produced within a country can be a strangephenomenon, there are two types of laws work together make the British legal system inthe legal system in the world of its own. Equity refers to the British in the fourteenthcentury period, justice "conscience" as the basic principles in solving the disputes by theparties in trial practice gradually established a whole set of legal rules, and pay attention tothe strict procedure in the common law remedies, equitable remedies after is "substantialjustice" of the case, more relaxed to the requirement of application, its main purpose is onthe premise of not breaking the law stability and unity to achieve individual justice.Equity is not only a legal system or a origins, more importantly it is a kind of judicialway and method, which is able to distinguish it from the mainland legal system ofAnglo-American law system is one of the most important features, so to speak, equity is infact a by-product generated when the justice in the judicial relief, and equity with respectto the manner of the embodied in the judicial relief of research and exploration to solvesome problems in the field of law in our country has the very good enlightenment function,such as this few years, do you want to give judges discretion, etc. Morality and law is akind of what kind of relationship, how to balance the general rules of law and the case ofjustice, these problems can be found in the study of equity the judicial relief of inspiration.This paper will be divided into three chapters. The first chapter through to thebalance of the body itself study of judicial relief, preliminary understanding and graspingthe equity nature of judicial relief, laid the foundation for further theoretical propositions.This chapter is subdivided into three, the first section is mainly to balance the judicialrelief, generalizes the historical development of rigid from common law relief program,the intervention of the sovereign, justice of the victory of the relief, the court of chancerythis four aspects complete expressed by beefed up the judicial relief time background ofthe birth of. From equity law basic principle of judicial relief in the second quarter, a maxim, the judicial relief way of equity equity are expounded the principle of judicialrelief. The third section mainly analyzes the characteristics and the main influence ofequitable relief. The second chapter through to balance the judicial relief of lateral veincombing, applied the method of comparison of equity and common law, enacted law andother legal system comparison, reveals a beefed up the judicial relief is unique, to balancethe judicial relief make correct understanding and judgment. Third chapter first analyzesthe equity concept of judicial relief in the historical rationality and the reality of existencein our country, on this basis, and then analyzes the equity justice in contemporary China isthe necessity and advantages, and finally to balance the judicial relief for China’s reformof the judicial system can draw lessons from the advantages brought by some inspiration,hope to be able to contribute a little to the perfection of China’s judicial relief, so that theopen dispute resolution channel and build a harmonious and stable social environment.
Keywords/Search Tags:equity, common law, judicial remedy
PDF Full Text Request
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