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Diversified Construction of Civil Appeal System
Author: GuoJie
Tutor: ZhangYanRui
School: Central University for Nationalities
Course: Legal
Keywords: Civil Appeal System Diversification Three tiered
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 18
Quote: 0
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Abstract
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The so-called Civil Appeal System , namely a civil case through several different levels of courts , judges , and ultimately takes legal effect as a litigation mode. Civil Trial System main purpose is to quickly and legally settle civil disputes, to the parties an equal, fair legal remedies , and ultimately to achieve fairness and justice of law . Over the years , China has been adhering to the four two tiered system of a single civil trial level , along with the rapid development of China's market economy , and its criticism in the judicial practice has become increasingly evident . Therefore , we need to operate from the theory of value and the judicial system on the civil trial level to reflect , to use advanced tools and techniques to measure the value of our country 's civil trial level system transformation, building development compatible with national conditions and diversified civil instance system , the two values ??of justice and efficiency goals. Paper is divided into four divisions: the first part is the Civil Appeal system status and reflection, to the Civil Appeal institutional history as the historical background , focusing on civil trial level overview of our current system status and reflection. The second part of foreign civil trial level system characteristics and useful enlightenment , through the United Kingdom , United States, Germany , France and other advanced countries legislation Civil Appeal System study and compare , summarize their common characteristics , draw useful insights on China's yuan Construction of civil Appeal System to be guided . The third part is diversified Civil Appeal System legal basis , the value of the target from the lawsuit , the relationship between justice and efficiency, to start legal arguments put forward to build diversified Civil Appeal System principles . The fourth part is to build diversified Civil Appeal System is proposed to build pluralistic civil trial level system conceived and supporting System.
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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