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The Application Of The Legislative Facts In The Lawsuit Of The Loan Contract Dispute

Posted on:2015-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2296330467454329Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Legislative fact means of the main facts corresponding to the constitutiverequirements in the substantive law. In the procedure of judicial referee syllogism, themajor premise represents the typed legal requirement, and the facts of a case under thedebating between parties means of the minor premise. The combining of elements andfacts leads to one conclusion derived. The theory of legislative fact guides two partiesto claim and defense focusing on the legal right related, and prompt the judge makethe best decision after determining facts clearly. Legislative fact seems a living soularranging the disputed facts in order based on the burden of producing evidence andthe burden of proof. Rigid rules turns in a clear description of the disputed factpromoted by the attacking and defense process. Legislative facts play a veryimportant role in the field of litigation theory. The research of theory in the process ofthe reform in the civil judicial practice is no longer tied to the so-called influence offactors outside.In this paper four parts state the theory of legislative facts in the application ofthe loan contract dispute lawsuit.The first part is a summary of the theory about legislative facts. This part statesthe concept and the characteristics of the legislative facts, the elements of the basic meaning focusing on the methodology and theoretical basis. This part describesemphatically the application of the theory into the litigation procedure illustrating therelationship and the alliance to the other theories in the field of civil procedure.The second part analysis the types of legislative facts in the loan contract disputelawsuit. Based on the statement of the theory in the first part, this paper arranges allthe kinds of rights to claim in the disputes between the folk loan contract and the bankloan contract in the form of legislative facts. It distinguishes the request facts and thedefense facts providing feasible methods to solve the dispute.The third part evaluates and analyses the theory of legislative facts in theapplication of the loan contract dispute lawsuit. According to the different legislativefacts to the right of claim in the loan contract dispute, this part analysis two typicalcase in the fields of the bank loan contract dispute and personal loan contract,presenting the process of attack and defense of the parties and the judge mentality,providing a general pattern which can solve the loan contract dispute taking advantageof the legislative facts.The fourth part introduces pre-trial preparation procedure under the theory oflegislative facts. According to the prominent problems reflected in the two cases,namely to the problem of provision retrieval and issues specific can be settled throughconstructing pre-trial procedures. The key is how to structure our pre-trial preparationprocedure in the aspect of law and the facts.This paper provide a method to solve the other types of disputes through thetheory of legislative facts in four parts, from theory to practice, taking full advantageof the methodology to guide the effectiveness of loan contract dispute resolution.
Keywords/Search Tags:Civil procedure, Theory of legislative facts, Loancontract dispute, Pre-trial preparation procedure
PDF Full Text Request
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