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On Analyzing The Fundamental Principles Of The Civil Procedure Law

Author: MaQingBo
Tutor: YangXiang
School: Xiangtan University
Course: Procedural Law
Keywords: Basic Principles of Civil Procedure social background of the principle of legal basis principle of mediation sanctions policy debate on the principle of equal rights of action principle of good faith
CLC: D925.1
Type: Master's thesis
Year: 2001
Downloads: 420
Quote: 2
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Abstract


Law is a most social attributes of the product, it's every step of the development are deeply rooted in the needs of the community above , so social transition economy , political structure and values ??of transmutation , is bound to affect behalf of the State powers and jurisdiction of the right to appeal on behalf of the rights of the parties in a civil action in the field of positioning , thus becoming the basic principles of the Civil Procedure Law remodeling the basis and premise . With the establishment of the socialist market economic system and building a socialist country ruled by law targets proposed reform of civil law principles must be to restore the parties to be objectified dominant position , thereby restricting the jurisdiction of the way to the right to appeal to the socialist rule of law principles of constitutional spirit . Fundamental principles of the legal system as a soul , directly determines the basic nature of the legal system , the basic content and the basic value orientation . It is the guiding ideology and legal activities standpoint , is to make the legal system of the concrete system and rules to maintain a continuous , stable and coordinated an important guarantee for the starting point for subsequent legislation . Therefore, the value of the basic principles of the concept and system design , ideas concentration and plays a role as a bridge between the procedures . By the second chapter the basic principles of function and role of the exposition turned on civil teleological analysis , intended to explore the fundamental principles of civil law the legal basis of the existing basic principles of civil law rationale comb . In pursuit of fundamental principles of civil procedure law had affected the social background , and explore the fundamental principles of civil law legal basis , this article chapter by abolishing the principle of mediation in order to avoid its becoming a judge to force the parties reconciliation tool , transforming principle to restrict the debate the judge and the parties advocated by oral arguments with facts outside the evidence and render a decision , the principle of substantial action to reduce judges overly broad authority intervention , improve procedural rights in order to ensure the principle of equality of the parties on procedural rights and offensive and defensive means to establish honest credit policy to prevent the parties and other participants in the proceedings and litigation rights abuse trial judge abuse of power , then plastic basic principles of the civil law .

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