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Research On The Reform Of Civil Procedure Law Of Russian

Posted on:2021-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2416330620971873Subject:legal
Abstract/Summary:PDF Full Text Request
China and Russia have deep roots in the social and legal systems.China's civil procedure law is not only influenced by the former Soviet Union in the process of formulation,but also in the theory of civil litigation,textbook compilation,and teaching methods.Influenced by the former Soviet Union.After Russia officially became independent from the former Soviet Union on June 12,1991,a series of legal system reforms were carried out,including several amendments and additions to the civil procedure law.Our country is also undergoing judicial reforms,which requires us to analyze and draw on the beneficial experience of foreign litigation systems on the basis of fully understanding and respecting our national conditions to provide guarantee for the healthy development of the socialist market economy.Because only comparison can recognize one's own shortcomings and promote development and improvement.This article takes the 2002 "Russian Federation Civil Procedure Law" as the research object,compares the relevant provisions of the 1964 "Russian-Russian Civil Procedure Law",selects the main parts to start the study: namely,from the principles of the Russian Civil Procedure Law,the civil prosecution system,and evidence The four aspects of system and litigation procedure explore the reform of Russian civil procedure law.The principle of law is the soul of the reform of the civil procedure law.The reform of the civil procuratorial system is the highlight of the reform of the civil procedure law.At the same time,the evidence and the procedure of the civil procedure law are the two pillars of the construction of the civil procedure law.As Tang Weijian said,“Civil Procedure Law is a combination of Procedural Law and Evidence Law.Evidence Law and Procedural Law are interpenetrating and intertwined with each other.” In terms of legal principles,the principles of punishment and debate have been added,and the principles of objective truth and people's jury system have been abolished.In the reform of the Prosecutor General's participation in civil litigation,the Prosecutor General's powers are constantly restricted,and the rights of the parties are more respected.In terms of the evidence system,the new civil procedure law innovates the original evidence theory,improves the content of the types of evidence,and changes the standard of proof and the responsibility of proof.Regarding the trial procedure,the Russian trial procedure is divided into the first trial and the review.The review includes the retrial procedure and the appeal procedure.The civil procedure law introduces the summary procedure,the default judgment procedure and the order procedure in the first trial procedure.perfect.The article finally evaluates the reform of the Russian civil procedure law from the process and content of the codification of the code,combines the background and content of the reform of my country's civil procedure law,and summarizes the excellent experience that my country should learn.By exploring the changes in the Russian Civil Procedure Law,it can be concluded that the essence of the Russian Civil Procedure Reform is to enhance the principal position of the parties.The reform of the Russian Civil Procedure Law is in line with the reality of Russian social development and the basic law of legal reform.
Keywords/Search Tags:Russia, law reform, civil procedure law, Russian civil procedure
PDF Full Text Request
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