Chinese Civil Trial Use Of Research "Terms Of Property Confiscated Order"

Roman law has a right of action against the illegal acts of the penalty provisions. This right of action is a personal right of action, it can not seek compensation for the amount of damage, but you can request a multiple of the amount of damages in excess of compensation beyond. In addition, the Germanic law have been infringed when personal interest in gold in the form of atonement for damages to play the role of the individual fines. Which both are parties to the litigation rights are fully realized performance. Since modern times, due to" establish national organizations, punishment by the state monopoly of the right hand, and out of court regulating development also becomes simplistic nature of damages" that once ignored the existence of the right to appeal and the right to travel restrictions litigation, court, judge,"super-powers doctrine," the phenomenon is very common.However, in recent years, China’s civil trial has been the traditional "super-powers doctrine" to the common law in a more scientific adversary change. Although a series of more specific changes in the new Civil Procedure Law, than in the past, well reflects the rights of the parties to respect the concept of litigation. But in actual judicial practice, but there are still many problems. For example, in our current law (Civil Code Article134, paragraph3, etc.) civil proceedings, the court may have seized certain property owned by institutional litigants Court ex officio command. Which states that it has nothing to do with the claims of the parties, the court ordered the parties seized property owned by the court, the parties be fine if negligence can be specified according to their specific requirements. Such a system is itself a court "super powers doctrine" embodied. And this must be the property of the party reverted to the court system, the paper for the time being this system will be referred to as "terms of property seized command."So-called "terms of property seized command"(hereinafter referred to as system) exactly what kind of system? What is the nature of it? It reflects the country’s civil trial in which issues? It also has a civil trial and how our relationship? Here, in this article from the point of view of the above problems, the following four questions set out as a research subject and try to answer them. First, the system is a kind of system? How to use at the trial? That, at any time to clarify whether the property can be confiscated command; Second, with regard to the characteristics of the system. That is to clarify how to grasp the nature of the legal system; Third, investigate the system reflects a variety of problems. Fourth, the combination of the above problem, the status quo "super-powers doctrine" and its impact on China’s civil trial, and propose appropriate solutions. This article attempts through the" terms of property seized command" This relatively new concept, and thus reflects the ways in which our civil trial to discuss many issues, in order to get to the development direction of China’s civil trial is to find a new direction...