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Most people responsibility system of review and Reconstruction

Author: LiYaCheng
Tutor: WangWeiGuo
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Most people Responsibility System Review Reconstruction
CLC: D913
Type: Master's thesis
Year: 2006
Downloads: 149
Quote: 1
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Abstract

Themes and ideas: Most people person responsibility system is the most responsible and most people associated with the legal system of the debt. Most people in most people is the responsibility of the debt in a number of the debtor to the creditor the burden of responsibility for a number of settlement, showing four basic types, namely, according to copies of liability, joint and several liability, sequential liability, joint and several liability is not true. People's Court of correct classification for the different types of most people responsibility for ensuring the legitimate rights and interests of creditors, the debtor balance of profit and loss sharing has very important significance. However, due to the majority of our people there is a serious lack of responsibility of the legal system, the majority of the responsibilities of discretion apply different courts and judges always differ materially deeply influenced the authority of law and judicial credibility. In view of this, the paper substantive departure from the trial, representation by civil legislation of the comparative analysis of law in our country, pointing out that the majority of our party liability legal system in the structure and function of the serious lack of legislative, judicial and negative effects, and for which the focus to analyze; On this basis, combined with our judicial practice of the actual situation, according to the civil law principle of legal logic and social credibility tendency to build a reasonable structure, content, rigorous, fully functional, running harmonious majority responsibility system, offered to the majority of the debt is classified as a scientific basis, the general standard and special construction principle of combining norms and to be demonstrated, which summed up the content and reconstruct the basic structure of the new system. Article structure: full responsibility system of review of most people and most people responsibility system the main part of the reconstruction of two. Bedding before and after as the focus. Introductory section briefly describes the most basic concepts of human responsibility system and issues concerning the origin, summarizes the theme of the article and writing the basic idea. The first part, lack of legislation on the part of civil law by the majority of the responsibility system for comparison to identify structural differences between the two, that the structure of the relevant legislation is too simple and functional defects in the absence, leading to its lack of proper guidance function, judicial presumption disorder is caused by the direct cause; judicial confusion on the part of the above-mentioned judicial missing three negative effects are briefly summarized, four of which focus on the deep-rooted cause of the assessment, the elucidation of his own opinion, in order to provide the basis for the reconstruction of a new system. The second part, the majority of preambular paragraph outlining the responsibilities of system reconstruction of necessity, possibility and new architecture is reasonable, rigorous content, functions, operation and harmonious build target, as well as an entry point for reconstruction and basic methods; New Construction principles for points on the part, according to the civil law principle of legal logic, trial experience and public trust tendency to re-build the majority responsibility system, introduced to the majority of the debt scientific classification, based on the general norms and special norms combination of two principles, the principle of the previous one for most people under the responsibility of the debt corresponding to the concept of the four basic types of features, the latter principle of liability under two levels of binding norms are full evaluation for the new system Construction of the theoretical basis; basic structure of the new system of

Most people responsibility system of review and Reconstruction

Abstract

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