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Review On Professor Weiping Zhang' Transformation Of Civil Procedure System

Posted on:2010-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:R QinFull Text:PDF
GTID:2166360275459633Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
System is a kind of fundamental structure which determines the basic form and characteristics of institution.It is also of macrocosm and integrity.To ponder over system issues is to think over institution and the development of that with macrocosm and integrity.Civil lawsuit system has always been the main and center research of Mr.Zhang Weiping for more than one decade years.Since he first brought up the transformation theory of civil lawsuit system,people of lawsuit have been shocked and puzzled by such transformation phenomenon.While keeping trying to understand,interpret,and explore the kemel part of transformation theory,people sometimes seems to obtain the result,however, sometimes,people think they need a totally new understanding.Many readers seem to have been familiar with the style of Zhang's work and grasp the quintessence of Zhang's theory. However,when Zhang comes up with a new round of theory,they usually become very strange with their former understanding or with what they have heard.It is such shock of strange theory that bring us the enjoyment of knowledge.So we may say that Mr.Zhang is such a person who we are,very familiar with,but sometimes who is also very strange to us.This paper made a intersected comparation horizontally and Vertically,combing through the Zhang's theroy objectively and carefully.This paper starts from showing Mr.Zhawng himself,reviews his ways of the special research,explains the main content under Under the big background of civil procedure development and at last,outlines what is Mr.Zhang's contributions from the research subjects,research methods,ideologies with diverse angles.The aim on the Mr.Zhang's research is to trigger researchers to pa more attention to this theory rationally and deeplyContretely speaking,this paper can be divided into four chapters:The first chapter reiews the theoretical way of the transformation of civil procedure system.This part divides the transformation theory into three steps and with the developing of the whole civil procedure in order to emphasize the transformation of civil procedure system in the movement of the background.The second chapter introduce the specific content of the transformation of civil procedure system.This part discuss the content in the system of litigant lawsuit,the system of the interference by power,the structure character of our civil procedure system,the dirction and the timing of transformation,the reshaping of basic principles,the contracture of system element,the transformation of the theory rules and so on,trying to discuss the main content of MR zhang's the transformation of civil procedure system.The third chapter analyse the practical vaule of the transformation of civil procedure system.This part selects the practical needs of the transformation society,the challengs of judical oppressed situation and the revolution of justice in order to emphasize the transformation theory also has the practical vaules.The last chapter evalues the transformation of civil procedure system deeply.In this part,from the research subjucts,the research content,the research ways,the ideologies, author evalues the whole theory thouoghly and objectively.
Keywords/Search Tags:Civil procedure, Transformation of system, Litigant leading, Authority intervention, Review
PDF Full Text Request
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