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Research On The Civil Sentencing System In China

Posted on:2018-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:B S ZongFull Text:PDF
GTID:2356330533461756Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil judgment is an important part of the civil procedure law,strengthen the judge's ruling consciousness,strengthen their sense of responsibility has important significance and Realization of procedural justice and public trial,to establish the credibility of the court and the judicial authority plays an important role.As the last line of defense of justice,it is necessary to achieve fairness and justice,so that people feel justice in each case,to meet the people's justice,justice can reflect their credibility.As the saying goes,a fair and just person can see the way to achieve.The specific sentencing system should let people experience the fairness and justice of each sentence,so that each sentence in various forms before the public.This requires the court proceedings in strict accordance with legal procedures,adhere to strict judicial philosophy,to achieve the greatest degree of procedural justice and substantive justice.The first part is the analysis of the legal theory of China's civil trial system,including the definition of civil judgment system of civil trial system,characteristics and classification,and its legal basis: the inevitable requirement of civil judgment of procedural justice;the principle of open trial,the value realization method of inevitable requirement,etc..The second part mainly discusses the status quo of China's civil trial system based on: first of all,on China's domestic relevant decision system summarizes the laws and regulations;secondly,briefly expounds the problems existing in the realization of civil trial system and four problems in the field of Justice: the reasons,the litigation idea trial separation,the judicial power is relatively weak,the lack of laws and regulations.The third part through the analysis of the national legislation of the civil law system of the two legal systems,and then draw the inspiration and experience,the fourth part is related to how to build our country's civil judgment system for reference.
Keywords/Search Tags:Civil sentencing, Legislative, Legal, System construction
PDF Full Text Request
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