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Research On The Perfection Of Citizens' Agent System In Civil Action

Posted on:2018-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y C YangFull Text:PDF
GTID:2416330536975170Subject:Law
Abstract/Summary:PDF Full Text Request
In order to protect the exercise of the litigation rights of the parties,the law establishes the litigation agency system,and compensates the lack of litigation capacity of the parties by way of entrusting others.China's litigation agency system according to its different basis,divided into statutory litigation agents and commissioned litigation agents.And the perspective of this article is the civil agent.With the development of China's market economy,the continuous improvement of the legal system,the parties are more inclined to effectively through the judicial channels to resolve disputes and contradictions,so citizens demand for legal services is increasing,but due to lack of professional legal service supply and legal aid intensity is limited and other reasons,to adapt to the development of judicial practice,civil litigation system came into being.Of course,this system during operation of the subjective and objective due to various reasons,there has been an abnormal phenomenon,disrupting the order of the legal services market,makes it difficult to manage.With the amendment of the Civil Procedure Law in 2012,China has strictly enforced the conditions of citizen's agent from legislation,and further standardized the order of citizen's agent.This paper starts from the concept of citizen agency,and analyzes the differences between citizens 'litigation agents and lawyer litigation agents,grassroots legal service workers' agents,and the differences between ordinary citizens 'agents and professional legal agents to clarify the nature and characteristics of citizens' litigation agents,So that we have a clear understanding of civil litigation agents.Although our country's civil litigation agency system has strong Chinese characteristics,it is not unique to our country,and the investigation of the system of citizenship outside the domain has a certain reference for our country.The law is not enough to self,the rational operation of a system must rely on the continuous improvement of the system and other related system measures simultaneously,Citizens' litigation agency system should run rationally in a relatively restrictive environment.By analyzing the reality of the operation of the citizen agency system after the modification of Article 58 of the New Civil Procedure Law,the author summarizes the problems and disputes of the citizen agency system and puts forward some perfect suggestions.We can regulate the phenomenon of irregular citizenship by means of legislation prohibiting for-profit citizenship,standardizing community recommendation,setting up court notification and audit system,citizen agency information inquiry and blacklist system.At the same time,through the improvement of legal aid system,increase legal aid,standardize the order of grassroots legal services market,so that low-income groups in a timely manner to obtain legal help to effectively reduce the citizens of the market,to prevent the phenomenon of non-normal citizenship.We have reason to believe that with the continuous strong lawyers in our country,the improvement of legal aid system,the standardization of legal services at the grassroots level,the civil litigation agency system will be more conducive to the direction of judicial development,play its due role.
Keywords/Search Tags:Citizenship agent, Status quo and controversy, Improve the system
PDF Full Text Request
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