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On The Procedural Law Of The Legal Order Of Relief Or Guarantee

Posted on:2020-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:F TianFull Text:PDF
GTID:2416330590486396Subject:Law
Abstract/Summary:PDF Full Text Request
The legal order of human society generated by legal adjustment often appears distorted or ill-conditioned because of the emergence of illegal acts.At this time,it needs to be restored or corrected through another social activity to restore the ill-conditioned legal order to its original state.The law used to regulate this particular activity is a special procedural law,which we call relief or protection of legal order.Under normal conditions,the legal order does not need relief or protection.Only when the legal order is hindered or distorted can relief or protection be needed to restore it to normal legal order.The procedural law of relief or protection of legal order is determined by the functional attributes of the social activities it regulates.There are mainly two representative laws.The first one is the civil procedural law,which relieves or protects the civil legal order when it is distorted,and the other is the activity law which needs final relief when the civil rights are infringed and cannot be realized normally.The second is the administrative procedural law,that is,the main relief or guarantee in administrative activities.When the administrative legal order is abnormal,the administrative power will be abused,and the abnormal legal order needs to be restored or corrected by corresponding legal activities.A correct understanding of the concept of procedural law for relief or protection of legal order is the basic premise for its analysis.In addition to a correct understanding of the concept,through the study of the functions and status quo of procedural law for relief or protection of legal order,we can find out the problems existing in civil and administrative litigation activities,and put forward some suggestions for improvement,so as to better grasp the procedural law for relief or protection of legal order.For the state,power can be made open and transparent under the norms of procedural law which relieves or guarantees legal order.The development of procedural law which relieves or guarantees legal order can provide good conditions for the realization of rights and timely relief or protection when rights are blocked.By forecasting the procedural law of relief or protection of legal order,we can better protect citizens' right and interest from being infringed,safeguard social order and realize fairness and justice.
Keywords/Search Tags:Relief or protection of legal order, procedural law, legal order
PDF Full Text Request
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