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On the Judge 's Right of Civil Litigation

Author: WangChunBo
Tutor: HaShuJu
School: Heilongjiang University
Course: Legal
Keywords: judge’s interpretation argument principle construction of system
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 130
Quote: 0
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Abstract


Judge Interpretation is a very important concept in the civil procedure theory of the civil law system. As the result of combination of judicial powers 1 and litigation rights, with a major value of justice and efficiency, judge’s interpretation system has an extraordinary significance in the civil procedure. The reasonable exertion of judge’s interpretation plays a driving role to both the reform of civil procedure and the exchange between system of civil laws and the system of common laws. However, the inappropriate interpretation will lead to new unjustness. The exertion of judge’s interpretation should follow the principles of neutralism, publicity and clarity, which applies to various stages of litigation to achieve the goal of lawsuit. It is our supreme end to clarify the interpretation impartially in the practices.

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