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On the Right of Access to Civil Justice

Author: QiLeMuGe
Tutor: GaoZuoRong
School: Inner Mongolia University
Course: Procedural Law
Keywords: right of access to civil justice procedural justice constitution basic rights judicial review
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 54
Quote: 0
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Abstract


Right of access to civil justice, as a basic legal right, plays a critical role in the civil right system. When civil rights are being damaged, we have rights to resort to legitimate, independent, unbiased court to acquire fair trial, which we call it right of access to civil justice. Nowadays, this right has been fully confirmed and guaranteed by some global pacts, regional pacts and enormous national constitutions, and has been the major parts of world human rights. However, the right of access to civil justice in china aren’t confirmed by the Constitute with a lot of problems in application. In view of this, to make this right confirmed and guaranteed is the ultimate purpose of civil action institution. My thesis starts from the concept of right of access to civil justice, with the foundation of constitutionalism and procedural justice theory, in comparison with the relevant legislations of foreign countries’ right of access to civil justice, probes into various issues existed in this perspective. I proposed my own opinions in guaranteeing the civil rights of resorting to courts and the fair trial treatment of the Agents; I do hope my research will be helpful in perfecting the legislation.

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