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System of Civil Protest

Author: YangLi
Tutor: HuangXuan
School: Southwest University of Political Science
Course: Legal
Keywords: civil protest Prefection limit the right of civil protest expand the civil rights protest
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 141
Quote: 1
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Abstract


Civil Procedural Law of the academic system is a hot topic of concern. It is the supervision of the court by the prosecution whether the legal right to exercise jurisdiction of the way, safeguarding citizens, legal persons or unincorporated organization’s legitimate civil rights. At present, although difficult issues such as complaints have prompted China to amend law on civil procedure, civil rights protest has also been part of the enrichment, but the civil protest in the legal and judicial system is still necessary to further improve. This article focuses on aspects of civil protest the status quo on the right to explore, according to judicial practice, inspection and supervision system of Civil relevant legislation put forward a sound proposal.This total of more than 20,000 words, in addition to the introduction and conclusion, the structure of the body is divided into three parts:The first part discusses the reality of the situation of civil protest system. Our system of Civil Protest by the relevant legal provisions, judicial interpretation and judicial practice cited, analyzed and discussed the system of civil protest, and the reality of practical rationality and necessity.PartⅡdiscusses in detail the system of civil protest the problems. Summary from the judicial practice of civil protest system may exist or exist in reality and private rights of autonomy, freedom means a judge, judicial efficiency and judicial and legal status between the contradiction between this article to list specific problems Ming.The third part discusses the System of Civil Protest recommendations. System of civil protest that the fundamental value of the guidelines should be based on the one hand, and for the analysis of this article with other civil rights protest right to limit the conflict the right of civil protest, on the other hand the efficiency under the existing judicial practice and experience, from the Civil Protest System to expand the vitality of the value of their civil rights protest specific legal functions. The former clearly brings it up as the subject matter of protest, protest to limit the number of civil rights protest in order to avoid the low efficiency of justice, violation of the parties and other private rights abuses. And the latter by the Crown granted the right to protest investigation, legal protest the expansion of the scope of a purpose to strengthen the competence of the civil rights protest in order to promote civil protest can really achieve more effective oversight of legal effect. Both by limiting and expanding targeted to improve the relief system of civil protest.

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