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On The System Of Procedural Objection In Civil Trial

Posted on:2019-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhaoFull Text:PDF
GTID:2416330545494243Subject:Civil justice practice
Abstract/Summary:PDF Full Text Request
he procedural objection system has the dual functions of right relief and procedure supervision,which can protect the litigant rights of both parties and guarantee the legal and proper operation of the procedure.but the scope is narrow,and whether the "general procedure illegal" matter enjoys the procedural objection right is not clear.As a result,there is no effective remedy for many court actions and litigants that violate the rules of procedural law.This paper based on procedural justice,the principle of procedural subject and procedure stability and other related civil litigation value,Further research on this topic is of great significance in legislation,theory and judicial practice.In addition to the introduction and conclusion,the text is divided into three parts,a total of more than 34,000 words.The first part,the theoretical analysis of the objection system of civil trial explore the theoretical basis of the principle of procedural subjectivity,the value of procedural justice and the value of procedural stability.The second part,the present situation and Analysis of the objection system of Civil trial procedure.In legislation,there are some problems,such as the parties' procedural objection rights and consequences are not clear,the scope of application of procedural objections is narrow,the provisions of procedural objections are relatively fragmented,and the relevant examination procedures and deadlines are different,and so on.In the judicature,there exists the problem that the procedural dissent system has insufficient relief to the litigants' rights.The civil procedure objection system of Germany and Japan clearly stipulates the rights of the parties to the procedural dissent and the rules of losing the right of procedural dissent in the legislation,and stipulates the scope of application and the operating rules of the procedural objections in different articles.The third part,perfection of dissent system of Civil trial procedure.We should establish the guiding ideology of perfecting the objection system of civil trial procedure,make it clear that the parties enjoy the right of procedural dissent,and expand the scope of application of the objection to civil trial procedure.And through the rules of the exercise of procedural dissent,the rule of loss and the rule of remedy to perfect the specific procedural rules of the objection system of trial procedure.
Keywords/Search Tags:Objection system of trial procedure, procedural dissent right, procedural interest, litigation behavior, procedural justice
PDF Full Text Request
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