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The Research Of Civil Registration System In The View Of Right

Posted on:2017-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:R N ZhaoFull Text:PDF
GTID:2296330482499855Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The relationship between powers and rights in admissibility stage of court has been reconstructed by the implementation of civil registration system. The interactions between jurisdictions and actions are the main content of the admissibility procedure. To improving admissibility procedure, the most important and basic element is the boundaries between powers and rights. The theory of equal protection of actions and the theory of cooperative civil litigation will help to distinguish the boundaries between powers and rights. The goal of first theory is giving equal procedure rights to all the litigants and preventing the abuse of the rights to appeal. Protecting the rights to appeal completely then achieve the cooperative situation between jurisdictions and rights to appeal is the aim of second theory. After comprehending and analyzing the Chinese and other typical countries’ admissibility procedure (include:Germany, Japan, America and the UK),we should try to conclude the advantages and disadvantages of the Chinese registration system. According to the disadvantages of the Chinese registration system, we should try to make some recommendations which can be divided into two categories each contains two specific measures, one category is the alteration or construction of civil procedure legal system include extending the entrance of judicial remedy and construct the system of objection of the admissibility of court case, the other is to make full use of existing norms include the pretrial of civil procedure and ADR.
Keywords/Search Tags:Registration System, Entrance of Judicial Remedy, Objection of the Admissibility of Court Case, The Pretrial of Civil Procedure, Alternative Dispute Resolution
PDF Full Text Request
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