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The Research On The Legal Perfection Of Time Period System Of Civil Procedure Law In China

Posted on:2016-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:G F HongFull Text:PDF
GTID:2296330479984387Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As an important part of civil procedure system, the time period system does not only affects the litigation efficiency and benefit, but also concerns the protection of parties’ procedural rights and interests and the improvement of trial quality immediately. The time period system is an organic unit of all the specific time periods. Thereby, it makes us to realize that we can’t just force on the general situation. We also need to make a comparative analysis of all the specific time periods, so we will master the time period system better.In addition to the introduction, the passage is mainly composed of the following four parts:Chapter one: ‘The review of the litigation systems of civil procedure time period systems’. This chapter mainly discuss’ the legislative defects of time period system by applying the methods of inductive classification system. Then it point out the four outstanding problems: ‘unreasonable system design’, ‘non-standard calculation’, ‘insufficient sufficient rigidity’, ‘incomplete safeguard mechanism’. Base of this situation, it firstly take the analysis o f the causes of its legislative defects.Chapter two: ‘The introspection of the defense period and trial period’. On the one hand, this chapter will point out the legislative defects such as insufficient sufficient rigidity through the comparison of two la w systems by using the method of comparative jurisprudence. Then it may analysis ‘to set up the system of depriving right to debate’ which is considered to be the solution that asserted by academic community. O n the other hand, this chapter will straightwa y analysis and compare the gap between the legislative intent and practice situations. Then it will clear the main legislative shortcomings and take the evaluation on the question of whether to develop or abolish the trial period.Chapter three: ‘The study of the relevant basic theory of perfection of the time period system’. Base on economics and philosophy, this chapter will select three relationships to take a depth discussion: time period and the enhancement of litigation efficiency, time period and the protection of procedural rights, time period and the litigation benefit. Base on the analysis above, it intent to deepen the theoretical research and pointed out the direction of the reconstruct of time period system.Chapter four: ‘The perfection of measure of reconstruction of civil procedure time period system’. Firstly, this chapter put forward the systemized basic premise. Secondly, it will point out the solutions to improve the four outstanding problems above. Finally, it will present the specific legislative proposals to deal with the defects of defense period and trial period.
Keywords/Search Tags:Time period system, Defense period, Trial period, Litigation efficiency, Right protection, Trial quality
PDF Full Text Request
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