Dissertation > Excellent graduate degree dissertation topics show

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
Read: Download Dissertation


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.

Related Dissertations

  1. Reflections on Deng case trial,G206
  2. Administrative Reconciliation System,D925.3
  3. Research on the Multi-Regulation to the Administrative Discretion,D035
  4. On Penalty Discretion Regulation,D924.13
  5. Judge Sentencing Discretion Procedure Regulation,D925.2
  6. The Abusing of Administrative Discretion and Regulatory Rules,D922.1
  7. Control mode of administrative discretion,D922.1
  8. Criminal Trial Discretion,D926.2
  9. Research on the Standard of Judicial Review of the Administrative Discretion,D915.4
  10. On the Discretion of Judges and Legal Regulation,D926.2
  11. Study of the Peasant-workers’ Protection Consciousness of Rights and Legal Protection of Rights Education,D412.6
  12. The Study on Establishment and Improvement of Credit Guarantee System of Chinese High-tech SMEs,D925.2
  13. Research on Judicial Control of Administrative Discretionary Power,D925.3
  14. On the Perfect of the Legal Control of the Administrative Discretion of the Customs,D922.1
  15. On the Perfect of the Legal Control of the Administrative Discretion of the Radio Administration,D922.1
  16. See the specification and control of administrative discretion from drug administrative law enforcement,D922.16
  17. The Study on the Legal Control of Public Security Administrative Discretion,D922.1
  18. The Preliminary Study on Administrative Discretion,D922.1
  19. On Discretion and Its Control in Public Order Management and Punishment,D922.14
  20. Standardize administrative discretion of local legislation,D922.1
  21. The Study on Judicial Review on Administrative,D922.1

CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
© 2012 www.DissertationTopic.Net  Mobile