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Civil judicial protection of legal rights of the legitimate interests of

Author: SunJie
Tutor: LiuMin
School: Nanjing Normal University
Course: Legal
Keywords: Legal rights Justiciability dudicial protection the scope ofaccepting cases discretion
CLC: D921
Type: Master's thesis
Year: 2012
Downloads: 19
Quote: 0
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Abstract


With the development of the society, the internal needs for rights for common people are becoming more and more eager. As the country of written law, we also have the shortcoming that the written law couldn’t always meet the needs of the development of the society, for example, there are some rights coming into existence with the social development aren’t covered by laws and rules while it’s necessary to get the judiciary protection from the court for them. The eagerness for the enforcement of these rights is more and more strong and without proper legal protection makes the situation becoming embarrassing. We can find that the reasons that these rights can’t get judiciary protection lie in the rigid scope of accepted cases provided in the civil procedural law and the lack of discretion for the judges. This study mainly focuses on how to widen the scope of the accepted cases and the discretion of the judges to provide the legal protection for the reasonable rights aside from legal rights.This study comprises that, the litigant advantage theory as the core of the right outside of the legal right which through the expansion of the scope case and accepting the discretion of the judge to achieve. The right which to be protection should be consistent with social practice. It is not necessity to include all rights. The right which be consistent with social practice is a part of right. It is only a small part of right that beyond the legal right. Protecting the right can get the achievement that solve the disputes and make the social stable. It is the best way to use of legal resources.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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