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The Procedural Rules Of Procedural Laws

Posted on:2019-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2416330545474643Subject:Law
Abstract/Summary:PDF Full Text Request
Procedural law is the rule system that corresponds to a specific social activity or adjusts a specific social activity by legal adjustment manners,so the development of the activity can be restrained with order.It is composed of one or a number of a collection of legal rules as the legal procedure,which corresponds to specific social activities and has an inherent relation attribute by using legal fiction.Thereinto,the legal rules include the procedural rules and the substantive rules.The former are technical rules that normalize the related bodies following or choosing to follow in time,space or behavior in a particular activity.The latter are the contents set up surrounding the social activities reflecting targets and objectives,endowing and settling the related main part with rules powers/rights and responsibilities,through the ways ought to be or probable.Procedural rules constitute the main body of the procedural law.The setting level of the rules which reflect the inherent legitimacy of the procedural law,is an important manifestation of procedural law in legislation purpose and value orientation.And they describe a blueprint and do great help to procedural laws with the substantive rules.As a subordinate concept of the rules of procedural law system,the procedural rules have characteristics of practical,preset,coherence and so on.And they mainly displays in regulating the main body,the behavior way,time elements and spatial elements and the rules of procedure rights and obligations in the procedural law.At the same time,according to the development of law,the procedural law is actually based on litigation,therefore combining to the legislation situation of procedure law in our country present,analysing the number and density of the procedural rules,we can have a comprehensive and general understanding of procedural rules in the procedural law.Aiming at the problems and putting forward some related suggestions can make the procedural rules tending to be more reasonable on the number and more excellent in the structure,so that to improve the legislation level of the procedural law and make it operable and practical,achieving the purpose of protecting the rights of entities.The study of procedural rules in procedural law can not only have a deeper understanding of the attributes in legal rules,but also a beneficial exploration of the legitimacy and rationality of procedural law.
Keywords/Search Tags:the procedural law, the procedural rules, the substantive rules
PDF Full Text Request
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