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民事诉讼与仲裁法复习(Review of civil procedure and Arbitration Law).doc
民事诉讼与仲裁法复习(Review of civil procedure and Arbitration Law)
The civil procedure law and arbitration law as an important part of the civil procedure law, have the knowledge system of strong, clear characteristics, therefore, the mastery of theoretical basis of constructing the whole knowledge system, is integrated, and the understanding of civil procedure law and arbitration Faki this knowledge and the relevant legal provisions prerequisite.
First, the basic knowledge system of discipline
(1) the subject knowledge system of civil procedure law and its theoretical basis
The partys disposition right in our civil procedure law is limited disposition, that is to say, the parties should punish their civil rights and litigation rights within the scope of the law. That is to say, the act of exercising the right of disposition of the party can only be produced by the courts judicial review procedure, and after examination, it is considered that the act of disposition can produce the legal effect. Thus, the organic combination of the parties disposition right and the judicial power of the court has become the theoretical basis for the construction of the whole subject knowledge system of the civil procedure law.
1, the beginning of civil procedure reflects the combination of the parties right of disposition and the courts jurisdiction
Citizens, legal persons and other organizations have instituted lawsuits and are punished by the parties concerned. If you decided to file a lawsuit according to the provisions of article 108th of the civil procedure law, involves the jurisdiction of civil litigation in the agency level permissions jurisdiction and territorial jurisdiction system, the parties of the plaintiff and the defendant, common plaintiff, third people identified with the litigation rights and legal representative; the parties after the prosecution, the court shall be review of the prosecution will inevitably involve the treatment of special cases and shall not accept the ap
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