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Civil Judgment Method In The Process Of Judicial Specialization

Posted on:2020-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:J ZouFull Text:PDF
GTID:2416330578955609Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In modern society,the judiciary and the court have important functions and authority to resolve various conflicts and disputes.The referee is the ultimate means of solving disputes in the rule of law society.The fairness and justice of the law depend to a large extent on the fairness of the referee,and the fairness of the referee must finally be settled on the referee's method.The correct use of referee methods can solve the problems encountered in the referee fairly.Based on the micro perspective of the maturity of civil referee method,this paper understands the progress of civil justice reform and rule of law construction in China.Taking the guidance case of No.85 of the Supreme People's Court as a typical sample,from the two basic contents of "factual identification and legal application" in civil litigation,analyze the civil judgment method in the development process of civil justice specialization in China.In civil justice,The civil refereeing method is a specific and operable norm for the judge's identification and legal application in order to achieve a fair trial of a civil case.It must be judged on the basis of law.Therefore,in the process of fact finding and law application,the legal constituent elements must be decomposed,and the elements of legal basic norms must be analyzed.Therefore,the determination of the facts of the case is actually the identification of the facts of the requirements,and finally the elements are included in the referee to form the final judgment;For the application of the law,the core issue is to make the necessary judgments on the facts of the case.However,the burden of proof and the specific burden of proof are all aimed at ascertaining the facts of the case and achieving a better application of the law.Therefore,the fundamental purpose of the proof of responsibility is to accurately apply the law,which is a referee method that should be paid attention to in judicial practice in China.Of course,in order to face the judicial practice in the process of social development,the legal application method of legal renewal also plays an important role.
Keywords/Search Tags:civil referee, factual recognition, applicable law, referee method
PDF Full Text Request
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