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Research On Civil Procedure Stability

Posted on:2018-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q XiongFull Text:PDF
GTID:2346330518499322Subject:Law
Abstract/Summary:PDF Full Text Request
The procedure has been regarded as a tool to realize the entity justice. However,the program has its own intrinsic value. Judicial practice shows that people tend to pursue the truth of the case, ignoring the independent value of the procedure itself. On the value orientation of the civil litigation system, the academic circles have reached a consensus, that is to say, the value orientation of the civil procedure system. Civil procedure stability is not a new or exclusive to a lawsuit system concept, system design and principle of the current civil litigation system of China is reflected in the pursuit of the value of the civil procedure stability, and it runs through the administrative, criminal and civil litigation system in three.This paper mainly discusses the problems of the civil procedure stability, and the basic elements of the procedure stability and the legislative perfection of the procedure stability and the realization of justice are the focus of this paper.Firstly, this paper leads to a typical case of judicial practice and analysis, analyze the existing judicial practice and legal theory of institutional oversight, and Thinking on program stability. At the same time, through the investigation of the process, stability and other words of the literal meaning of the analysis of the relevant scholars on the stability of the program, the paper comes to the definition of the concept of the procedure stability. On the basis of this concept, the author analyzes the meaning of the civil procedure stability, and further analyzes the basic elements that should be possessed by the procedure.Secondly, this paper discusses the meaning of the civil procedure stability of the existing civil procedure, analysis of the theoretical basis of the existence of procedure stability to reveal the necessity of its existence. For example, through the dialectical analysis of the relationship between procedure stability and legal procedures, legal order, as well as the relationship between the value orientation of civil procedure and the three basic values of law, the legal basis of the civil procedure stability is highlighted. The basic elements of procedure stability can effectively prevent the excessive waste of judicial resources, save the time and energy to participate in various parties, in line with the relevant requirements of economics, with the support of the economic base. The dialectical relationship between form and content between procedural law and substantive law, procedural law and relative independence, can effectively promote the realization of justice cases, to ensure the peace and order of the world balance, highlighting the philosophical basis of program stability.Thirdly,the necessity of the civil procedure stability based on investigation and analysis of common law countries in the United Kingdom,the United States and China law countries in Germany and Japan on the procedure stability regulation of system, summarizes the experience and theory of effective judicial provisions. For example, the provisions of the withdrawal of the United Kingdom, the evidence discovery system of the United States,Germany’s retrial system, the respondent jurisdiction system of the Japan reflects the value of the Procedure stability.Fourthly, facing the present situation of legislation and judicial practice in our country,through the analysis of the existing problems of China’s current legislation and judicial situation, combined with the concept, procedure stability connotation, basic elements and theoretical basis to reveal the legislation and judicature have specific performance against procedure stability and example analysis. Combined with the relevant provisions of the extraterritorial procedure stability system, pointed out that China’s current legislative and judicial problems in the procedure stability.Finally,this paper intends to analyze the relationship between procedure stability and other litigation value and the relationship between the harmonious society, comb out the guiding idea of realizing the procedure stability. On the basis of the guiding ideology, the current civil litigation system, combined with excellent legislative and judicial practice, on the legislative perfection and judicial realization of procedure stability, we put forward suggestions for improvement,strive to provide some valuable experience for the realization of the stability of the civil procedure stability in China.In this paper, in addition to justice and efficiency, the stability of civil procedure should be taken as the basic value orientation of civil procedure system, otherwise, it will be difficult to play its due role . In the face of the rapid development of social economy, how to improve the quality and efficiency of the settlement of civil disputes, procedure stability plays an important role. The civil procedure stability is not only helpful to the correct handling of civil disputes, but also to optimize the judicial environment, maintain the order of market economy, and build a harmonious legal society..
Keywords/Search Tags:Civil procedure, Procedure stability, theoretical basis, Legal belief, harmonious society
PDF Full Text Request
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