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The Research On The Types And Changes Of Civil Procedural Mode

Posted on:2016-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2296330464450579Subject:Procedural Law
Abstract/Summary:
Civil procedural mode is a kind of basic concept held by Academic circles on establishment and operation of civil procedure system. Based on the "typed" research methods, civil procedural mode can be divided into three types of procedure: Paternalistic procedural mode, Liberalism procedural mode and Judge-centered procedural mode, and the different types of civil procedural mode in the civil procedure have different performances. Civil procedural mode is not immutable; it is a historical concept as well as a concept of development. With the development of society and economy, civil procedural mode in the history of civil procedure has changed from Paternalistic procedural mode to Liberalism procedural mode, and to Judge-centered procedural mode. The changes of civil procedural mode influenced the pattern of civil procedure, basic principles about the civil procedure law and concrete systems of the civil procedure. In our country, the changes of civil procedural mode have been as followed: before the reform of civil trial mode, Paternalistic procedural mode occupied the leading status in the civil procedure; after that till now, Liberalism procedural mode in the civil procedure is dominant. The changes of civil procedural mode brought the revelations of macro and specific aspects on civil judicial modernization of China: from a macro level, the changes of civil procedural mode pointed out the direction for Chinese civil judicial reform, it is, Judge-centered procedural mode.; from the specific level, the revelations on civil judicial modernization of China by it are predominantly reflected on the reconfiguration of rights between the judge and the parties, further strengthening of the principal position of parties and guarantee of the effectiveness of judicature.
Keywords/Search Tags:Paternalistic procedural mode, Liberalism procedural mode, Judge-centered procedural mode
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