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Study on Parties’ Civil Procedural Act

Author: DingShiLei
Tutor: KeYangYou
School: Hebei University
Course: Procedural Law
Keywords: Procedural act Parties’ procedural act Proceedings System construction
CLC: D915.2
Type: Master's thesis
Year: 2009
Downloads: 37
Quote: 0
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Abstract


Procedural Act is an important part of the Civil Procedure; it is a series of litigation activities that procedural subjects implement surrounding the disputes resolution. The implementation of legal action aimed at the legal effect of proceedings happen, and safeguarding the legitimate rights.Behavior before and after promote the proceedings move forward, Procedural Act is the basic unit to build proceedings, determines the direction of proceedings and a large part of determine the result of suit. Left the Procedural Act, the proceedings would have lost the basis for existence.The important role of Civil Procedural Act in civil activities is increasingly exposed, the smooth conduct and legitimate exercise of implementation of Procedural Act, both reflects the legal safeguard of civil rights, at the same time also determines the sooth conduct of the proceedings. Legitimate exercises of Civil Procedural Act have positive signification to the phenomenon of Proceedings delayed.According to the status of participants in proceedings, Civil Procedural Act can be divided into Courts’ Procedural Acts, Parties’Procedural Acts and others’Procedural Acts. Parties are the main participants in civil Procedural process, their Procedural Acts have important signification of the decision to the rights of entity and proceedings.Parties’ Procedural Act is the main components of the Procedural Act Theory. Procedural Act is a broad concept, is the collectively of the various proceedings, with complexity and diversity. Different parties in different proceedings implement different Procedural Acts, same parties in different proceedings are also different, even the same person at the same stage of the proceedings also have difference. Procedural Act before and after makes the legal rule can not unified and rigid. The profound content of the Procedural Act decides the research is very challenging.Rightly exercise the Procedural Act, research the content of Parties’ Procedural Acts, depth understanding the legal effects of Procedural Act, The research and development of Civil Procedural Act Theory mainly in the Continent Legal Family, china’s is late, and focuses on the area of Criminal proceedings. The development process of Procedural Act with the separation of substantive law and procedural law, Procedural Acts and Legal Acts are in close contact with each other. Based on the Legal Act, understand the contact of Procedural Act and Legal Act fully, recognize the Procedural Act, is a good research point. Correctly understand the content and legal conditions of Procedural Act, avoid the emergence of flaw Procedural Act, make the evaluations effect to maximize. With interference from a variety of factors, the emergence of flaw Procedural Act is inevitable. We can choose treatment and regulation flaw Procedural Ac to be effective.The implement of Parties’Procedural Act should comply with the Good-Faith Principle, good faith is the legal ethics. Exposure the phenomenon of the credit lacked, so that more and more countries are introducing the Good-Faith Principle. Good-Faith Principle become the rule of human behavior for everyone. Construction of Parties’Procedural Act in our country, should be based on the legal environment in our country, fully consider china’s national conditions and present judicial idea, and combined with the legal protection and legal relief of our citizens present awareness, structure a complete and effective system of Parties’ Procedural Act.

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Civil Procedure Law
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