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Research on Civil Litigation Command

Author: PengZhongHua
Tutor: WuJie
School: Southwest University of Political Science
Course: Civil Procedure Law
Keywords: Civil Procedure command Substantive justice The effectiveness of the proceedings Substantive equality
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 69
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Abstract


Civil disputes the contents of private rights, the decision of the court in a civil action based on the status of a neutral dispute and render a decision. However, if the conduct of the litigation is completely controlled by the parties, litigation and delay, entity unfair phenomenon will inevitably, this will not only damage the authority of the judiciary, will also cause the waste of judicial resources. Therefore, in order to ensure the efficient conduct of the litigation and substantive justice, should be given the powers of the court to make appropriate disposal of the various conditions of the civil litigation process, namely the Civil Procedure command. Country in transition, there are many false consciousness of Civil Procedure command the legislative program independent of mistakes and the authority of judges exit coexist. Legislative changes on the Civil Procedure command, function on the basis of theory and abroad, combined with the special circumstances of China's transition to put forward a number of recommendations to improve China's civil litigation system of command. Take a combination of theoretical analysis and compare methods, first introduced the the Civil Procedure command of basic theory and the Two Legal representative national legislative changes on civil command, followed by analysis of the existing problems of China's Civil Procedure command system, Finally, the Perfection of Civil Procedure command made a number of recommendations. On the structure of the article, the paper is divided into four parts, three thousand words: The first part of the basic theory of general introduction to the command of the civil action. The part from the meaning of the Civil command introduced scholars to define the differences of Civil Procedure command, and learn from a variety of scholars of the Civil Procedure command of epitaxial summarized on the basis of the opinion of the author. Brief description of Civil Procedure command exercising subjects and exercise at the same time. The last system of this section discusses the functions of the civil action command. The second part, the foreign civil action command of the the legislative changes expedition and Comments. This section describes the historical background and significance of France, Germany, United Kingdom, United States, on the command of the Civil Procedure legislative change, and change. From foreign legislative changes that strengthen Court Litigation command is a major trend of the of Two Schools Civil Procedure Law reform and strengthening of the command of the court proceedings does not mean that the 'return of the terms of reference, therefore China should also improve the transition period Court of Civil command. The third part, Macroscopic Investigation of Civil Procedure command system and the specific running analysis of the status quo. First, the author introduces the macro exits caused by our own negligence of Civil Procedure command program and the authority of judges, \Secondly, the author from the exercise of the right to the explanation., V. A program, protection of the right of collection of evidence of the parties, the parties right to dissent four specific aspects of Civil Litigation specific command run status quo. The fourth part of the transition to perfect the significance of China's Civil Procedure command system and a number of specific recommendations. First, through the program justice so that the results justify in transition China is still very difficult to be accepted by the people, in addition to the overall legal quality of our people remains low, therefore the perfect Command of the proceedings is an urgent need in our country. Second, the command extensive civil litigation, the law of its provisions inevitably flawed, so I put forward the basic principles to be followed to exercise the command of the civil action. Finally in this section, the author from the exercise of the right to the explanation., V. A program, protection of the right of collection of evidence of the parties, the parties right to dissent in four areas of Civil Litigation perfect command make specific recommendations.

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