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Theory Of Fiction Admission System

Posted on:2016-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:W FanFull Text:PDF
GTID:2296330461454635Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Implied admission system originated in the adversary proceedings, is based on the value of litigation and the pursuit of the policy specification angle consideration, intended to restrict courts on the parties quasi fact Implied Admission of right to review, asking the court to be the main facts implied admission as the judgment basis. In the long-term practice, the inquisitorial countries will the transplant, but due to lack of appropriate growth of natural soil, the original design for quasi admission system is fuzzy. In our case, is only implied admission of the facts as a kind of evidence, not on the formation of the binding force of the court. In addition, implied admission the defects of the system itself does not stipulate the corresponding remedies. In this paper, through the method of comparison, analysis of quasi legislative original intention and the theoretical basis for the admission system, in view of some controversial issues of the dispute is analyzed, combining with the legislation and judicature in our country are put forward in allusion to implied admission system relief system-- after complex system, and this relief system were analyzed, and put forward some own opinions and view. The full text is divided into introduction, body, conclusion of three parts.First of all, this paper expounds the quasi growth environment and current situation of implied admission from a macroscopic point of view, said the purpose of the thesis and the expected results, aimed at the outset, the implied admission system has hold a global theory. In the theoretical part mainly expounds and analyses the building legislative intent, properties, classification, components and effect. The square root of the Keli, therefore this chapter with a greater length to discuss the theoretical basis, providing a clear train of thought for the support the views and suggestions. Then through the method of comparison, the analysis of Implied Admission System similarities and differences in the two litigation mode, for our country to establish and provide reference for the relief of the admission system, then from the system operation environment and legal regulations in the two path sets out, analyzing its defects and based on our country’s implied admission system present situation, and try to find the reason.This article, mainly from the theoretical basis for strengthening the quasi self admission system, limit Implied Admission System application condition in the practice and effect, proposed after complex system as a way of relief, specification of judge’s interpretation right four aspects put forward opinions and points of view in order to form a benign interaction implied admission system running environment.The conclusion part, combing the choroid, summarizes the views and propositions clear quasi subject elements, object elements and effectiveness of admission system, designed to recover the complex system as a remedy, finally forecasts implied admission system can well operation of civil procedure in our country environment, have a positive impact on the whole civil litigation.
Keywords/Search Tags:Implied Admission, debate, after complex, functions and powers doctrin
PDF Full Text Request
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