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The Summarize To The Litigation System Of Participation On The Republic Of China

Posted on:2015-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:C Z RenFull Text:PDF
GTID:2296330467454359Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The current civil litigation third parties system exist many controversial issues, scholars in the criticism also trying to find perfect theory. The Republic of China era’ has become the past, but does not mean that it is a symbol of backward. We should treat the late culture, with the correct attitude to absorb the essence, to its dregs is right. Although the period of the Republic of China to participate in the system has many defects, but also to let people surprise merits. The Republic of China era of litigation system contains rich resources in value, the participants in proceedings system theory in the one review, and to analyze its defects, merit, at the end of the article to explore the participants in proceedings to the existing system of civil litigation third parties system inspiration, this is the focus of this paper.The full text is divided into introduction, body of two parts, seven chapters, the main contents are as follows:The first chapter is an overview of the litigation in the system, discusses the classification procedure in the system background and procedure in the system, including the main participating in litigation, to participate in the litigation, told from participating in litigation, named to participate in the proceedings.The second chapter is the main introduction to participate in the litigation system. Includes three sections, the first section mainly to participate in the litigation system overview, introduces the concept, nature and participate in the proceedings; second elements, there are four elements such as human, he has the court litigation is binding, must be filed suit to the plaintiff and the defendant for the co defendant, the main participants of the appeal shall be litigation rights of litigation, the results would violate their rights; third main in the relationship between litigation,during this process, mixed with some opinions of the writer.The third chapter is on to participate in the litigation system introduction. Divided into five sections, the first section is the overview to participate in the litigation system, is mainly to define the concept of litigation from in and introduce the scholars on the nature of the dispute, the second section is the constituent elements, the element includes four points; third section is the application procedures, including the rules for people to participate in the litigation shall present certificate application to the court, the court on the application letter, the litigation on the book like can apply for court, from the participants or the parties to the court ruling disaffected can put forward; the effectiveness of the fourth Festival, behavior, mainly from two aspects, the validity of the court proceedings of the discourse; fifth section is the action take in this section, including four points. The author of this litigation system from participating in the process of this theory will be personal insights include the identification and negative point.The fourth chapter is to inform to participate in the litigation system introduction. The first section told to participate in the litigation system of the basic overview, mainly introduces its concept; second elements, including must inform the third people in the genera in the Litigation Department, third people and the litigation subject with legal interest, legal informing behavior must be made with inform the right people; section third for the way, the participants in the proceedings in the litigation; fourth section is to force, binding force from the court pleadings, lawsuit to inform the binding force of third people, the litigation action information at three aspects. The defects in the system to inform and merits have been analyzed.The fifth chapter is named to participate in the litigation system introduction. The first section is named overview in litigation system, introduces the definition and evolution of named in litigation; the second section is the procedural requirements, the defendant in the name of the third person in possession of something, must be in after the v. binding occurs before the debate, the defendant shall be named by the program elements and named four points; third section is named effect the paper, from the named obligation and named two angle binding force on third people; fourth section is out of action, the two rules which litigation act and out of action.The sixth chapter is the introduction of defects of participating in the proceedings system on the period of the Republic of China. Defect is mainly manifested in seven aspects, namely the main participating in litigation nature orientation bias, to participate in the litigation and combined with the main appeal trial set of rules is not reasonable, the main participants in litigation time is not science, from participating in the role of doubt, from attending the party is too difficult, not from the right of appeal to the rules inform the form, is a violation of the third powers.The seventh chapter is the analysis of the litigation in enlightenment to the existing system of civil litigation third parties system. Includes two sections, the first Section is the overview of the current civil litigation third parties system, including the history of civil litigation third parties system, the basic theory of civil litigation third parties system, the existing civil litigation third parties system problems. The second section is the Republic of China to participate in the proceedings system existing in the current civil litigation third parties system enlightenment that add "inform the parties participating" and add "application form".
Keywords/Search Tags:lord participate in the proceedings, auxiliary participatein the proceedings, name to participate in litigation, out of litigation
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