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On The Collectability Of Legal Procedure Rules

Posted on:2018-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:H MaFull Text:PDF
GTID:2416330515466540Subject:Litigation
Abstract/Summary:PDF Full Text Request
The legal procedure is a collection of legal rules with which inherently related,by means of a legislative approach,using legal fiction,in terms of corresponding social activities.As a constituent element of the legal process,compared with the substantive legal norm,the legal procedure rules which show the feature in the collectability,relativity and virtual dynamic association.Collectability is a specific feature on legal rules which are necessarily grouped together in a particular order,then it will be showed as a feature of a complete legal procedure.The collectability of legal procedure rules have its internal source.Rules of procedure are usually presented in different forms: subject rules,object rules,rules of time,rules of space,rules of conduct,power or rights.In order to ensure the steady and orderly development in activities,different rules need to be collected and co-working.Therefore,the feature of collectivity originates from the requirement of activities.On one hand,this feature is derived from the needs of specific activities which is subject to the specific social activities in the overall decision of the property.On the other hand,the subjects in activities can not participate activities alone.They must proceed jointly,and the collection is adapted to the needs of different subjects of division of labor.Due to the lack of procedural meaning of the existence of procedural rules,the collection of legal rules can achieve the value of the program.Therefore,the collection is a "combination"The rules of legal procedure are aggregated,but the assembly of each specific legal procedure is different from one another,and each rules of the proceedings has different quality as strong,weak,excellent or dissimilarity,which can be defined as the quality of legal procedure rules.For these different qualities,we distinguish them according to different levels,which are called the grades of collectability.Because of the different grades of legal proceedings,it means that the quality thus affect the merits of legal procedures.Law which called as "good law" is a collection of high-quality collection rules.According to the theory of collectability and the current legislation in our country,I will select the most representative three procedural laws in the procedural law.Then I will use those three examples to analyze the current situation of the legal procedure rules with comparing the changes around the time of of the procedural law’s revision.It is important to study the progress and shortcomings of the current legal procedures in China by analyzing the ontology quality,the combination situation,the state of convergence and the distribution of the rules of legal procedures in our country.It is important significance to study the collection of legal procedures.The significance of theoretical research is not only to guide meaningful practice,but also to be tested and improved in practice.Through the full understanding of the legal feature of the rules of the program with combing the status of the existing legal rules,we can improve legislative technology to promote the improvement of China’s procedural law.
Keywords/Search Tags:legal procedure, legal procedure rules, collectability
PDF Full Text Request
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