Theoretical Analysis of Civil Retrial System
Yang Xiu-qing
Abstract
Yang Xiu-qing
Abstract
With regard to the research of civil retrial system,the research emphases of mostly scholar is alteration and reconstruct of retrial main content and retrial procedure, the author considers that we must change research think and method, in order to establish present civil action retrial system according with market economy. With relieving reasonably the private rights of the party as a foot hold and introspecting the present civil retrial system as a beginning, the thesis explains the theoretical base of civil action retrial system. The author advances that the value base of civil retrial system is fair judgment for private right dispute, the right base is party suit rights and disposal right, the purpose base is pursuit for justness of judgment.
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With regard to the research of civil retrial system,the research emphases of mostly scholar is alteration and reconstruct of retrial main content and retrial procedure, the author considers that we must change research think and method, in order to establish present civil action retrial system according with market economy. With relieving reasonably the private rights of the party as a foot hold and introspecting the present civil retrial system as a beginning, the thesis explains the theoretical base of civil action retrial system. The author advances that the value base of civil retrial system is fair judgment for private right dispute, the right base is party suit rights and disposal right, the purpose base is pursuit for justness of judgment.
Key concepts: Law, Civil rights, Action (physics), Order (exchange), Political science, Value (mathematics), Civil procedure, Civil law (Civil law)