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Study Of Civil Action Request

Posted on:2019-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:L H TangFull Text:PDF
GTID:2416330545973065Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil litigation request is a basic concept in civil procedure law as well as an important concept.The claim of a civil procedure is the claim of a specific right to protect the right of a party to the court due to the damage of the entity's right or the right of the right to the court,which requires the relative parties to perform the specific obligations.The changes in the different forms of litigation request not only affect the realization of the parties' substantive rights and interests,but also affect the protection of the procedural rights and interests of the parties,but the problems exposed by the theory of litigation request are often ignored by the academic circles compared to the research on the basic theories of the civil litigation,such as the subject of litigation and the lawsuit.Due to the fact that the provisions of the civil procedure law are very simple,there are many problems in the different stages of the civil procedure.This article,starting with the different cases of litigation request,divides the full text into five chapters.The first chapter is a specific introduction to the basic theory of civil litigation request,and the theory of litigation request should clarify the independent status and independent value of the litigation request in civil litigation,especially the reasonable distinction between the litigation request and the object of the lawsuit.The second chapter is about the combing of litigation requirements in China's legislation and the theoretical research status of litigation claims.The third chapter discusses the existing problems of the theory of civil litigation and starts from the three aspects of litigation request,alteration,and abandonment.The fourth chapter elaborates the court's handling of the litigants' claims and the rights and interests of the litigants,and is related to the court's right to clarify.In view of the above problems,the last chapter of the article puts forward some suggestions on the improvement of the current theory of civil litigation request in China,with a view to maintaining and realizing the legitimate rights and interests of the parties to the maximum extent.
Keywords/Search Tags:litigation request, alteration of litigation claim, waiver of judicial restriction, suggestions for improvement
PDF Full Text Request
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