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Study On The Procedural Right Of Dissent In The Civil Procedure

Posted on:2017-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:P P YeFull Text:PDF
GTID:2296330485480914Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The right to dissent is a right that a party or an interested party enjoys to the people’s court or the other party’s action to put forward different opinions. Civil procedure law gives the parties or that of an interested person to enjoy full procedure opposition privilege and the rights of the exercise to provide security system is to power as the center of the civil litigation system change is with the center of modern civil litigation system due to the protection of the rights of the parties. The procedural right to dissent is an important civil right of a party or an interested party, including the general procedural right of dissent and the right to dissent in the narrow sense. This article focuses on the research of generalized procedural right of dissent, and the consideration of the right of procedural opposition. Based on civil procedure, association and sequence characteristics and litigation proceedings have certain sequence and mutual influence and interaction, the research on the right of objection procedure systematically as a whole and of procedural right of dissent for positioning and system design, in order to regulate the operation of the entire proceedings, the better will be the matters objection to the lawsuit to be addressed.Investigation of the current laws of our country, and combining with the relevant provisions of the foreign countries and regions can be found in China’s procedural right of dissent still exist many problems. Fiest of all,the legal status of the right to dissent program is unclear and procedural safeguards is lacking. From 1982 the the People’s Republic of China Civil Procedure Law of the(Trial) "to 2012 amendment to the civil procedure law and 2015. The Supreme People’s Court Interpretation about the applicable in accordance with the People’s Republic of China that procedure law >, the program the right to dissent has not appeared, only the procedure of objection rights lists into specific rights and scattered provisions in the Civil Procedure Law of the chapters of the festival. These narrow procedure opposition privilege although in practice affects the process of civil litigation, to solve some civil procedure of objection procedure specific matters, but because of the lack of generalized objection procedure in the establishment of the legislation, the objection procedure litigation poor. Secondly, legislation is not unified, such as "opposition", "review", "review" is chaotic,and the right exercise program arrangement is not appropriate. Third, the specific procedures defects: lack of exercise of rights, conditions and consequences of abandoned and lost. There’s no rule court review of the methods and principles of management, the lack of right of objection procedure litigation relief system etc..In view of this, in order to better safeguard the party or interested party procedure opposition privilege to change only to narrow the objection of individual rights of guarantee system of "headache cure head, foot painful medicine foot" status, our country need to establish specialized procedure opposition privilege security system. From the legislation and specific system design of remodeling our procedure opposition privilege, that is, to make clear the legal status of the right of objection procedure, requires a person enjoys the right of objection procedure the civil litigation rights; expand the applicable scope of the right of objection procedure: change the legislative mode of the objection procedure right, to expand the scope of the objection procedure proposed; construction of specific procedural right of dissent: clear the main body of the right of objection procedure, exercise way and the principle of acting and corresponding processing mechanism; configuration of the specialized procedure opposition privilege relief mechanism, clear relief issues and remedies. In order to promote China’s procedural right to dissent can be combined with the relief of civil rights, to jointly safeguard the party’s procedural status, the protection of the parties to the realization of civil rights.
Keywords/Search Tags:procedural objection right, procedural subject, procedural justice, procedural solution, reconstruction
PDF Full Text Request
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