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Study On The Procedural Right Of Dissent In The Civil Procedure

Posted on:2020-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:F LiuFull Text:PDF
GTID:2416330590996199Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The realization of substantive justice depends on procedural justice,which can maximize social dissatisfaction.The right to procedural opposition refers to the right of the parties to object to the procedural actions committed by the court or the other party,It is the litigant right of the parties to express different opinions on the legality,rationality and legitimacy of the proceedings,and it is the basic content and external representation of procedural justice.As for the procedural objection,it is the inherent requirements that the right of action restricts the judicial power,and the balance between the right of action and the judicial power advances to the settlement of disputes and the end of litigation.With the development of social economy and the enhancement of people's cultural quality,the legal awareness of the public has been enhanced.The procedural fairness has been paid more and more attention by people.China's civil litigation legislation is also paying more and more attention to the protection of the procedural rights of the parties.The party,in a dominant position in civil litigation,is the main force of driving the litigation process,The right to procedural opposition must be regarded as an important litigation right to protect the interests of the parties.However,the right of objection to the procedure does not really establish in China's current civil procedure law.and the relevant provisions on the right of objection are scattered,unsystematic,imperfect and incomplete,resulting in that most of the procedural violations and procedural defects cannot be remedied,and the procedural rights of the parties cannot be better protected.Therefore,To better protect the procedural interests of the parties,It is necessary to conduct a special study on the right of procedure opposition in China,and then change existing dissent system defects.The right of procedure dissent has broad and narrow meanings,This paper mainly studies procedural objection right in the former one.This paper is divided into six parts:the first part is the introduction,which mainly describes the thesis topic,research status,research ideas and other aspects of the content;The second part mainly elaborates the basic concept,constitutive elements and nature of procedural objection right,and compares it with neighboring concepts,so as to have a clearer understanding of procedural objection right.The third part mainly analyzes the basic theory of procedural objection right in depth,sorts out the content system of procedural objection right,clarifies the legal theory basis of setting procedural objection right,proposes the value target of procedural objection right,and analyzes the legal effect of procedural objection right.The fourth part mainly sorts out the relevant legal provisions and practical operations of procedural objection right in continental law system,Anglo-American law system and Taiwan region of China,and puts forward the corresponding reference ideas after comparative analysis.The fifth part mainly analyzes the legislation and judicial status quo of procedural objection right in China's civil litigation and further puts forward the existing problems.In the sixth part,the author puts forward some specific suggestions on the reconstruction of procedural objection right in China's civil litigation from three aspects:clarifying the legal status of procedural objection right,constructing the specific system of procedural objection right and allocating the relief mechanism of procedural objection right.This paper holds that the parties,as the subjects of civil procedure,should be endowed with extensive procedural objection rights to protect their procedural rights.But at the same time,based on the principle of procedural stability and the principle of litigation efficiency,we should make a distinction between the exercise of the procedural objection right enjoyed by the parties,the way to deal with it and the legal effect caused by it.
Keywords/Search Tags:The proceedings, Procedural objection, Procedural justice, Litigation rights
PDF Full Text Request
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