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On The Substantive Rules Of The Procedural Law

Posted on:2018-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:C LiFull Text:PDF
GTID:2346330515988974Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,academics have set off a wave of research process law,but the focus of the mainstream focus on how to build the program.However,the procedural law is the law that mainly about provides procedures or method for substantial rights and obligations(duties or power).But not exclusively the rights and obligations of the entity.It is the same as substantive law.There isn? t a obvious differences between procedural law and substantive law.Procedural law of course is made by the procedural rules for the dominant and subject,but it can not ignore the existence of the substantive rules.It is argued that the substantive rules in the procedural law refer to the purpose of setting the purpose or the target content around the social activities and granting the right(power)or the obligation(duty)to the relevant subject of the social relations by way of contingency or rule.It is an important part of the internal structure of the procedural law,which is an indispensable part of the application of law and an effective index to judge the good and evil of procedural law.By defining the meaning of the substantive rules,the distinction between the substantive rules and the procedural rules can better prove the running state of the procedural law and its procedural degree.Substantive rules are governing the purpose,nature and value of procedural activities,and procedural rules are technical rules on the specific operation of procedural activities.The civil procedural law as one of the three major procedural law,although belong to the procedural law attributes,its specific attributes(procedural or substantive)of the legalrules of the induction of the lack of theory and less involved.Therefore,the civil procedural law as a representative of the substantive significance of the legal rules,to find out the substantive rules in the "Civil Procedure Law" in the distribution of the status and its distribution of procedural rules,so as to draw up to establish a benign procedure Law must first start from the concept of reversal,attention to the functional status of substantive rules,and reasonable arrangements for substantive rules and procedural rules in the procedural law content.
Keywords/Search Tags:the procedural law, the substantive rules, the procedural rules
PDF Full Text Request
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