Dissertation
Dissertation > Political, legal > Legal > UNIVERSITY > Procedural Law > Civil Procedure Law

The right to appeal the concept and its elements Survey

Author HuZuo
Tutor QiaoXin
School China University of Political Science
Course Procedural Law
Keywords Procedural safeguards Civil Procedure While the parties Proper Party Norms of substantive law Civil Procedure Law Claim Confirmation Suits University Press And the need for joint action
CLC D915.2
Type Master's thesis
Year 2006
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“No right of action, no remedy”is a legal saying as famous as the old proverb“No remedy, no rights”. Right of action is not only the footstone of civil procedural theory, but also“a practical task connected closely with people’common life”①. Analyzing the concept of right of action will help us to comprehend the relations between the civil substantive law and the civil procedure law, and will make the relations between right of action and other important concepts, such as the purpose of civil procedure, the object of civil action, much more clear . Analyzing the elements of right of action will help to ensure people’s right of approach to justice and also help to balance the interests between people and country. Procedural justice and procedural safeguard are both important values of litigation civilization, which are the goals of China’s judicial reform. Viewed from procedural safeguard is only a try. The author’s purpose is to enrich the concept of right of action and realize procedural safeguard in China.This dissertation consists of the following five parts:ChapterⅠis about the criteria of right of action. This section reviews the theories of right of action in history first, and then provides one formal criterion and three substantive criteria.ChapterⅡis about the theoretical analysis of the substantive criteria. By analyzing the whole process of civil procedure, ChapterⅡdiscusses the first substantive criterion about the relations between the civil substantive law and the civil procedure law. And then ChapterⅡmakes an analysis of the second substantive criterion of the procedural safeguard purpose which is based on the history of dispute settlement and Theory of Justice,the Maximin Rule founded by John Rawls.ChapterⅢis about the positivist substantive criterion in accordance with the developing of social status. This section gives a description of civil procedure in China with certain datum from the Report on the Work of the Supreme Court and a paper about the actual operation of first-instance civil procedure written by professor

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