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Civil Procedure Theory of Nakamura Hideo

Author: KangZhi
Tutor: ChenGang
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Law Litigation way of thinking The purpose of litigation Litigants Subject matter of litigation
CLC: D931.3
Type: Master's thesis
Year: 2008
Downloads: 57
Quote: 1
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Abstract


Hideo Nakamura of Japan, Mr. Germany and France the famous Civil Law Department of laps everyone. He spent his whole life devoted to civil litigation system theory and research, succeeded his father in the village were hung (also a famous Civil Procedure Law everyone) while the doctrine, innovation, created a monument of Japan's Civil Procedural Law - \Nakamura Civil Procedure Law. \Particularly valuable is that Hideo Nakamura's research is always the main line in the law under which commenced, any civil claim theoretical thinking are inseparable from the vision of law and civil litigation classified as \litigation \This paper attempts to reveal the legal systems of the analytical methods of performance in a civil action, which reveals the essence of thinking Procedural Law. This paper also examines the Civil Procedure Law Nakamura influence in Japan, and for the village with the relevant civil law doctrine of the relationship between a brief discussion. Paper is divided into five parts. INTRODUCTION AND SUMMARY said section discusses the Japanese Civil Procedure Law on Civil Procedure Law of China, and pointed out that the study of the Japanese Civil Procedural Law Civil Procedure Law of contemporary China's major reference in this section also briefly describes the basic concepts of civil litigation in the village, schools and its relation with other school relationships. The first part of the theory from a civil way of reading departure, by comparing the model theory and law interpretation of these two methods, understanding way to draw an updated study on enhancing the important role of civil law, and thus that the law of contrast Model Theory advantage. The second part of the text in the village by discussing two important Civil theory theme - methodology and teleology, Hideo Nakamura tries to reveal how the legal system from the perspective of the basic theory of civil construction, in this section, also briefly analysis of the theory of the basic characteristics of the Japanese Civil Procedure. The third part analyzes the text Nakamura Hideo is how to interpret the use of civil law thinking on the subject and object theory, in this section, focusing on the Roman law system and the common law and litigation for litigants basic understanding of the subject, and Hideo Nakamura analyzed for the characteristics of the basic system of the Japanese Civil basic view, which highlights Nakamura Civil Procedure Law stylized theoretical characteristics. Conclusion partly by law subject itself and the current domestic research discusses two aspects of law, Mr. Hideo Nakamura thinking, while pointing out that the civil law as the main line theory for theory and practice of contemporary Chinese civil significance.

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