Civil Litigation' Limitation and Its Remedy as Disputes Settlement Mechanism
Zhai Zhi-wen
Abstract
Zhai Zhi-wen
Abstract
Our current civil litigation theory focuses on the middle level elements of subject,content and facts,totally without the middle level elements of emotion and elements at outside level at large,which results in the limitation in dispute elements and follow-up litigations.To correct this defect and settle the civil dispute thoroughly,litigation theory should take into consideration those dispute elements ignored by traditional theory,expand the scope of litigation subject matter,relax the limitation on litigation combination,and reinforce the procedural protection.
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Our current civil litigation theory focuses on the middle level elements of subject,content and facts,totally without the middle level elements of emotion and elements at outside level at large,which results in the limitation in dispute elements and follow-up litigations.To correct this defect and settle the civil dispute thoroughly,litigation theory should take into consideration those dispute elements ignored by traditional theory,expand the scope of litigation subject matter,relax the limitation on litigation combination,and reinforce the procedural protection.
Key concepts: Civil litigation, Scope (computer science), Subject matter, Settlement (finance), Subject (documents), Law and economics, Law, Civil procedure