mbt zapatos Review of the Principle of Civil Proce

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Review of the Principle of Civil Procedures

Su summoned by mass, without justification refused to appear in court. Judgment by default. the exercise of the right to appeal the issue to be sprinkled the greatly reduced; Second, the law of the Court only considered the terms of reference and the plaintiff's right to dispose of. The defendant did not take into account the interests and rights of action, so that the principle of equal rights of action on this issue also not well implemented. For the first aspect of the above, I believe that the court should not interfere in Caesar v. the parties, which is the essence of the decision by a civil action. As pointed out earlier, the major civil litigation involving private interests. For Such private interests, to adopt a According to this principle, since the parties have not asked the court to hear and judge the dispute, then, why the court of Caesar v. unwarranted interference? Was worried. If the spread of the plaintiff's complaint behavior without intervention. There may occur damage to the plaintiff to circumvent the law or the rights of others behavior. Mother In fact, this need not worry. The reason is that: 1) the effect is like Caesar not to prosecute the appeal, which itself does not exist the possibility of illegal. If the complaint is not legitimate Caesar. You can logically deduce that this case not to prosecute if the prosecution is against the law,[link widoczny dla zalogowanych], was trapped here, from the logical point of view, the Court of Appeal is not allowed to spread absurd. (2) The parties are often spread appeal for reconciliation with the other party puts forward is negotiation the parties themselves to resolve their disputes result in civil rights, and for this result. The people's court to intervene ex also, it is clearly unnecessary. (3) If Caesar v. the other party may cause potential damage to civil rights, then this is not caused by the withdrawal of the act itself, because the withdrawal of the act itself is purely a procedural issue, not the physical damage caused by the other party. If the objective of civil rights and interests of the other party has suffered, he can also sue for protection by law, and whether to seek protection, should be its own decision. People's Court should not take the initiative to intervene. Similarly, if the spread against the complainant in an objective third person's civil rights, for such rights disputes, the people should not take the initiative to pursue the same court, but should wait for the third person that attitude. (4) If the application is spread on the complainant in violation of the objective on the obligations of administrative law or criminal law obligations, it would also not be allowed to spread the people's court complaint is not the reason. Because this is not the first people's court shall be resolved, according to the requirements of the rule of law. J children of such acts of the parties shall be dealt with appropriate administrative authority or by the public security organ, the prosecution for investigation and prosecution. Here. People's court shall make the relevant organs of justice to the above recommendations. Not spread on its own does not allow other state organs complaints and acting on their behalf the terms of reference. Therefore,[link widoczny dla zalogowanych], no matter from which point of view, not the people's court shall, ex officio, the parties are not allowed to withdraw complaints. For the second withdrawal of institutional defects, some academics have already made a useful discussion, @ that should provide the plaintiff applies for withdrawal, if the defendant has been debated for the words, the defendant's consent shall be obtained in order to protect the legitimate interests of the accused . Therefore, in this case to the problem will not repeat them. In short, the parties to fully respect and protect the right of disposition of the modern market economy countries the basic legal principles of civil litigation. Civil Procedure Law of the existing law than try to some extent, although the enhanced value of the principle of punishment, but still reported difficult to fit in a civil action under the market economy system of the internal requirements. In addition to these aspects in addition. In some other specific system design, the same spirit of the principles of Ai action has been fully reflected and implemented, such as the party system,[link widoczny dla zalogowanych], the agreement governing the system, settlement system, the implementation of procedures to open and so on. Obviously, these questions need to study theoretical exploration of people,[link widoczny dla zalogowanych], the further improvement of legislation and practice seriously. Due to space limitations, had reserved for the future to continue discussions (Editor: Xu Kangding) 0 Such views are common, so here I note no particular bow. @ See peptone Guiming: <Justice and procedural safeguards), China Legal Press, 1996, p. 76. 0 See accounted for just good: <New Theory of the principle of equal rights of action), set (Law Review ~) 1999 2; also see the former arch I @, (Procedure FORUM) Volume 1, p. 295 below. 78
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