There are much discussion on the two effective way,which are separately Signing for receiving and Signature. It is needed to analyze the legal foundation,turn to the foreigner’s experience for guidance and reconstruc...There are much discussion on the two effective way,which are separately Signing for receiving and Signature. It is needed to analyze the legal foundation,turn to the foreigner’s experience for guidance and reconstruct the system. Abolishing the effective way of signing for receiving as well as the right of rescission,and making the effective way of mediation in civil litigation perfect will have positive results in exerting the effection of civil mediation in litigation and promoting the harmony between the two parties concerned.展开更多
The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection i...The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.展开更多
Conducting case-commentary research on the style of civil litigation documents is a key method for judges to produce legal documents,develop professional writing and creative skills,and enhance legal thinking.Such a s...Conducting case-commentary research on the style of civil litigation documents is a key method for judges to produce legal documents,develop professional writing and creative skills,and enhance legal thinking.Such a study is an important way to deepen the reform of the judicial power operation mechanism and to improve the trial management mode.Considering the background of the judicial responsibility system reform,the localization of the research paradigms and case-commentary methods of the style of litigation documents can help reach the consensus of the legal professional community.It also helps promote judgment rules and the spirit of the law.Legal commentaries convey the important functions of public legal services to the public.It is necessary to integrate the Style of Civil Litigation Documents,the"one-stop"litigation service with the reform practice of judicial committees in China,and conduct detailed research on the procedural ruling function and guiding function of the style of civil litigation documents.By studying the guiding function of civil litigation document style for judicial behavior,litigation procedure,and entity processing,it is good for judges to broaden their ideas and methods to write civil litigation documents,enabling an examination of the localization path and method of the legal commentary research paradigm and demonstrating how to continue using the paradigm within the context of the comprehensive reform of the judicial system.Moreover,the study emphasizes how to exert the function of public legal services integrated with the style of civil litigation documents.展开更多
文摘There are much discussion on the two effective way,which are separately Signing for receiving and Signature. It is needed to analyze the legal foundation,turn to the foreigner’s experience for guidance and reconstruct the system. Abolishing the effective way of signing for receiving as well as the right of rescission,and making the effective way of mediation in civil litigation perfect will have positive results in exerting the effection of civil mediation in litigation and promoting the harmony between the two parties concerned.
基金phased project of“Judicial System and Human Rights Protection——A Study on the Protection of the Right of Action in Civil Judicial Reform”(19JJD820014)the Ministry of Education’s Key Research Base of Humanities and Social Sciences for Colleges and Universities in 2019
文摘The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.
基金supported by the Ministry of Justice’s 2017 Research Projects of National Rule of Law and Law Theory(Project No.2017SFB1006).
文摘Conducting case-commentary research on the style of civil litigation documents is a key method for judges to produce legal documents,develop professional writing and creative skills,and enhance legal thinking.Such a study is an important way to deepen the reform of the judicial power operation mechanism and to improve the trial management mode.Considering the background of the judicial responsibility system reform,the localization of the research paradigms and case-commentary methods of the style of litigation documents can help reach the consensus of the legal professional community.It also helps promote judgment rules and the spirit of the law.Legal commentaries convey the important functions of public legal services to the public.It is necessary to integrate the Style of Civil Litigation Documents,the"one-stop"litigation service with the reform practice of judicial committees in China,and conduct detailed research on the procedural ruling function and guiding function of the style of civil litigation documents.By studying the guiding function of civil litigation document style for judicial behavior,litigation procedure,and entity processing,it is good for judges to broaden their ideas and methods to write civil litigation documents,enabling an examination of the localization path and method of the legal commentary research paradigm and demonstrating how to continue using the paradigm within the context of the comprehensive reform of the judicial system.Moreover,the study emphasizes how to exert the function of public legal services integrated with the style of civil litigation documents.
