Detection Of The Functions And Powers Doctrine Concerning Personnel Litigation

Personnel litigation is litigious cases identity relationship type,its particularity makes personnel litigation necessary to widely adopt authority detection.And for the personnel litigation in China takes authority detection,still exists many problems,not clear stipulations on the legislative level of authority detection applicable in the personnel litigation,particularly in judicial practice in accordance with the principle of common debate of civil procedure for trial.The legislative and judicial level of personnel litigation by authority of the principle of neglect,difficult to maintain the personnel litigation of public welfare,seriously affects the effects of the judgment of personnel litigation in China.Therefore,the detection of functions and powers of personnel litigation in our country socialist specialized system study is necessary.The body of this paper is divided into four parts,and a full text altogether more than33000 words,and a main content is as follows:The first part,The personnel litigation and the authority of socialist basic connotation.Through the personnel litigation compared with ordinary civil action,highlights the special of the personnel litigation,through comparing the personnel litigation with the housework,clear the scope of the personnel litigation cases.Through the functions and powers doctrine and comparison of the concept of adjacent and content analysis,has been clear about the functions and powers of detection.The second part,The personnel litigation take authority ascertain the necessity of analysis.The particularity of the personnel litigation lies in its strong characteristics of public welfare,the pursuit of real case entity is far higher than ordinary civil lawsuits,as well as the personnel litigation effect of subjective scope expansion will happen.This section will be the particularity of the personnel litigation combined with authority discovery center doctrine,debate doctrine,this paper ascertain from the functions and powers doctrine can meet the demand of the judgment of the personnel litigation and socialism is difficult to meet the demand of the trial of the debate,from two aspects of positive and negative analysis of the necessity of the personnel litigation take authority detect socialist.The third part,Personnel litigation takes authority of socialist comparison method.This part mainly in Britain,the United States,Germany,Japan,the legislation survey of the personnel litigation,institutions,and functions and powers of detection contents and applicable,and make a comparative analysis,for our country adopts the principle of detection of functions and powers of the personnel litigation case provides reference.The fourth part,Personnel litigation in China takes authority detect obstacles and countermeasures.First of all,from the legislative and judicial level analysis of the existence of personnel litigation in China apply the principle of detection of functions and powers of all sorts of obstacles.Such as: not clear legislative provisions of personnel litigation take authority detection principle,authority is very difficult to detect in the judicial practice.Then,on the basis of using the experience of mature countries outside,clear our country adopts the principle of detection of functions and powers of the personnel litigation case scope,as well as the applicable exception of debate.Build housework ombudsman,program is also presented for people,social investigation report,the prosecutor to participate in the personnel litigation and other supporting system to assist the judge of the personnel litigation authority discovery center.