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Research on Disciplinary Power of Parties of Civil Action

Author: HuYuRong
Tutor: GaoZuoRong
School: Inner Mongolia University
Course: Procedural Law
Keywords: Civil Litigants disposition Constitutionalism Procedural justice Program main principle
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 128
Quote: 1
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Abstract


With the continuous development of China's socialist market economy , the dispute will also exhibit a variety of forms , to seek a reasonable and proper procedures to resolve these disputes in a fair and efficient manner has become an important issue of the Civil Procedural Law . Therefore , with the socialist market economy is closely related to the proceedings , especially civil procedure , it is particularly important . I chose Civil Litigants disposition as a breakthrough, trying to provide the institutional basis for the protection of civil parties disposition . Parties disposition has a very important role in civil proceedings , civil proceedings the parties an extremely important right . Modern countries , are parties dispositions established as an important principle of civil litigation . Transition to a rights-based concept with the concept of power standard , more and more scholars from the perspective of the parties to explore the topic of a lot of good for China 's civil litigation practice . However, China 's civil action parties disposition failed to get recognized by the Constitution , at the same time there are many problems in its application . Therefore , in order to make the Civil Litigants dispositions able to get recognized by the Constitution to be protected , becoming the highest idea of the design and operation of the civil litigation system in China , this article from civil parties disposition concept paper to constitutional theory, the theory of procedural justice and procedural subject principles of analysis of its theoretical basis , based on a comparative study of the the foreign Civil Litigants disposition legislative discussed many problems exist in China 's Civil Litigants disposition , last philosophy from the Civil Litigants disposition updates and specific legislation put forward their own ideas , and to promote the development of civil litigation theoretical research , so as to promote the reform of the civil trial mode .

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