Font Size: a A A

Study On The Protection Of The Litigation Right Of The Vulnerable Groups In Civil Proceedings

Posted on:2015-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:B B LiuFull Text:PDF
GTID:2266330428465596Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The litigious rights of the disadvantaged groups with the various conflictsexisting in the current civil litigation.They became disadvantaged because of theeconomic income, social status, rights and interests maintenance, competition abilityis insufficient, and thus in a certain gap appeared on the civil action capacity, cannoteffectively perform duties and exercise their litigation rights, often at a disadvantagein litigation.Why vulnerable groups in the litigation process often encounter barriers to theproceedings, causing it difficult to adapt to suit their own interests ultimately can notbe protected? The author summarizes the meaning and origin of vulnerable groups,from natural causes, urban and rural household registration system, asymmetricinformation, social identity and social status, etc. disparity explains its causes.Describes the rights of vulnerable groups to achieve with the existing civil litigationthere are all kinds of conflicts, poor sexual and specialized litigation and legalproceedings, such as high-risk vulnerability and psychological quality, diffusion andthe high cost of litigation and economic interests obvious contradiction between theknowledge poor, and more. Vulnerable groups should be given the right to appeal toprotect civil action must be analyzed and clarified from the theoretical basis andpractical significance. Requires protection of vulnerable groups, to achieve socialjustice, both legal principles, but also the reality of social harmony and nationalsecurity needs. Not only formal equality, but also to achieve substantive equality,equality is not only procedural, but also includes the results on equality, but also thedemands of justice.This paper also analyzes the current situation and the protection of vulnerablegroups missing, summed up the macro before litigation, and litigation right of appeal after appeal in the absence of protection for the deviation of the performance of theexercise of rights of action, get legal help of an overhead, nearly difficult litigation,litigation cost-sharing of effective implementation of the ills of the referee.Microscopic analysis of the main reasons for the lack of performance rightslegislation judge’s interpretation of the absence of the legal aid system, weakening therights of the parties to collect evidence, summarized the key issues and technicaldifficulties civil action to protect vulnerable groups in the litigation rights. Finally,the corresponding system based on this proposed measures, namely the right to appealpretrial preparation process protection litigation process and vulnerable after the endof the proceedings, the final system and improve the implementation of appropriateprocedures.
Keywords/Search Tags:Civil litigation, Vulnerable groups, Litigation, Legal aid, Small lawsuit
PDF Full Text Request
Related items