Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law

The Civil Case Carries Out Some Problem Researches at Present

Author DengHui
Tutor ChenFengGui
School Shenyang Normal
Course Legal
Keywords Carry out an environment operability blemish problem performance efficiency
CLC D925.1
Type Master's thesis
Year 2011
Downloads 65
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The our country is placed in a socialism entry-level now stage and cure a society from theperson the social excesssive period is toward the rule of law, at this stage, of social corpus ofinterpersonal, person and of social organization, the society organize a handing over of mutualto remit multifarious day by day, result in civil case in court case in the court’s year by yearincreasing, civil case performance in the court sets up household to also year by yearincrease.At the same time, because the general citizens all have no enough of lawconsciousness, the judicial section even lacks the authority that should have, the economicbenefits region turns, judge’s character, position of low, the power mechanism of checks andbalances is disfunctional, bankruptcy system law imperfection, performance succour systemperformance not dint etc. relevant problem.Result in problems like"be carried out a personnegative resist of go, the place protection doctrine boycott a performance, performance thejudge can’t carry out",etc of the passive situation not yet by the root turn round, the problem of"carrying out is difficult" is still social a greatly need the problem of solution urgently.Forthis problem, national and judicial organization, each administrative dept. etc.s all paid closeattention and drew up related law, judicatory explanation and policy.Carry out a difficult problem beginning to appear to combine under the influence of thesystem, and system...etc. various factor interleave function outstanding day by day, graduallyturn into into the focus problem of the social concern and a little bit hot problem of crowd’sconcern, also become a court to need to put forth effort the crux problem of solution.Carry outa difficult problem, not only perplexed the work of court oneself, but also make the variouscommunities produce worry in uncertainty to the judicial authority.Produce to carry outdifficult reason very complications, involve civil character, civil trustworthiness consciousness,law establishment, social system and carry out judge’s the business character, and judgeposition...etc. many reason.Here only currently the possibility problem-solving way carry onanalytical research.But prop up executive related judicatory to explain a background and purpose of set, moreconsiderations of is the image problem that appeared to illegally disobey Ji to seriouslyinfluence judicial candor and court, but didn’t research aiming at actual operability;More eachadministration of consideration organization right of of benefits, not consider the performanceeffect of judicial power;More consideration maintenances are carried out person’s benefits, but neglect an application performance person the right get the efficiency of realization after thecourt verdict wins in lawsuit.Carry out a person with the sacrifice application benefitsestablishment to keep intact judicatory candor of judicial explanation increase.Involve executive law and judicatory to explain to exist a lot of operation blemishes currently,therefore the writer is under the premise that here ain’t doing disobey law rules and useflexibly the rules of related law, judicial explanation, and overall consideration law andjudicial explanation stipulates of the performance judge should undertake create a relatedjudicial clerk under the obligation premise, carry out an efficiency by increment, decreaseleave out legal procedure.

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