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The Study On The Binary Attribute Of Procedural Law

Posted on:2021-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:B B LiangFull Text:PDF
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In jurisprudence,scholars usually divide procedural law into the category of public law,and this classification method is debatable.We should see that procedural law has binary properties,which not only have the property of public power,but also have the property of private rights.Procedural law includes not only the normative procedural law for public power,but also the procedural law for the adjustment and guarantee of private rights,and the attributes of public power and private rights in procedural law are embodied in different procedural law.Some procedural law embodies the public power attribute purely,the rules corresponding to the activities of the subject of public power,we call these procedural law as the procedural law of the public power attribute,some procedural law embodies the private right attribute,the rules corresponding to the specific activities of the private right subject,we call these procedural law as the procedural law of the private right attribute,and some program law also fully reflects the private rights attribute of the public power attribute,we call these procedural law as the procedural law of mixed attribute.The procedural law of the public power attribute still needs to be perfected,the principle provisions of the procedure are more,and the scope of the discretion arying power of public power needs to be limited.The procedural law of the property of private rights should strengthen the adjustment and protection of the rights of private subjects.The procedural setting of mixed attribute program law should not only regulate the exercise of public power,but also protect the private right,and we should balance the relationship between the two.The first is to perfect the procedural law of the attributes of public power,to standardize the various legislative procedures in our country,and to make clear the specific rules of procedure and enhance the operability of the rules.The second is to improve the procedural law of the attributes of private rights,taking the People's Mediation Law as an example,to enhance the specialization of mediation work,to give the parties more rights and mobilize the enthusiasm of people's mediators.Finally,we should perfect the hybrid attribute program method.The Criminal Procedure Law should improve the establishment of criminal procedure and pay more attention to the protection of human rights.In the setting of administrative procedures,we should strengthen the regulation of public power.In addition,on the basis of the existing single-line law,we should formulate a unified code of administrative procedure as soon as possible,so as to better regulate the administrative power of the government.
Keywords/Search Tags:Procedural law, Procedural law of public power attribute, Procedural law of private rights attribute, Procedural law of mixed attribute
PDF Full Text Request
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