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The Construction and Operation of the System of Clarification Right

Author: WuJiGang
Tutor: WuXiaoYing
School: Guangxi University
Course: Procedural Law
Keywords: Clarify the right system Debate ' Legislative proposals Operation of
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 7
Quote: 0
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Abstract


The civil trial system in China is in a transition period, the basic idea of ??modern litigation constantly being introduced into the domestic and gradually reflected in the process of the reform of civil procedure, the debate doctrine is one of the core. In civil law judge to clarify the right system, as the debate system supporting systems is also gaining the attention of the academic community. Play to compensate for the effect of the debate 'defects in the functionality of the system, there is conducive to promoting the efficiency of the proceedings and found to be true, so it has been recognized academic mainstream views, and more and more about the system. However, the level of legislation and practice, not very well studied. On the basis of theoretical studies to clarify the right to focus on finding clarifies right system specific way to build and further analysis of its operating characteristics, hoping to make some contribution to clarify the right system in China at the legislative level and system run level. This paper is divided into an introduction, body and conclusion of three parts. Introduction: A brief introduction of Civil Procedure mode transformation, the establishment of the debate 'reform trends, a brief analysis and comparison of the the Two Legal proceedings mode characteristics as well as China's national conditions, civil law litigation mode of our important reference. And by further outlined the problems of litigation practice, which leads to the establishment to clarify the importance of the right system to lawsuit reform. The body part is divided into three chapters of the first chapter, the need to clarify the right system outlined its built. First, clarify the concept of the right, the significance and nature, as well as its history of foreign developments. Second, the inductive analysis on China to clarify rights-related legislative status quo, judicial practice and research status, establishing clarify right. Finally, from the national conditions of China's local, affirmed the necessity of establishing clarify the right system. Second, build legislative proposals clarify the right system. First, two, three through the exposition of the basic principles, scope and procedural rules to clarify the right system, the basic rule is to clarify the right to determine laid the foundation. The fourth quarter by the exposition to clarify the right to relief ways, laid the foundation objection rule and the retrial relief rules determine clarify right. Eventually prompted the provisions of Section 5 legislative proposals to be forming. Chapter clarify the right system in civil proceedings run. This chapter tries to clarify the right to run in the ordinary procedure of civil status analysis, I hope to clarify the right system operability by these analyzes. The running section includes specific ideas regardless of the situation, the operation recommended as well as civil ordinary proceedings stage, mediation and trial judges discretion to clarify rights analysis.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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