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- Grass-roots civil cases of first instance court shall be uniform in principle, the exercise of jurisdiction
Proceedings within the jurisdiction of the court system is divided into different cases between courts of first instance accepted the responsibilities and powers, the main purpose is to facilitate the parties to the proceedings, to facilitate the trial court. And protect the fair trial of cases and safeguard the legitimate rights and interests. Th...
Post Time:Mar 30,2010 TAG:Civil - Identification of the conclusions in civil comparative analysis of proof
Keywords: Civil / Forensic / expert evaluations / proof of force Summary: In civil proceedings, and how the conclusions were conflicting probative force of forensic comparison, is often a difficult problem to face the judge. In giving an expert conclusion to the status of preponderance of the evidence before the judge to identify the conclusions...
Post Time:Mar 30,2010 TAG:Civil - Res judicata of Court Mediation
Keywords: Civil / Court Mediation / settlement proceedings / Res / res judicata in accordance Summary: Court Mediation on res judicata, national and regional legislation are not consistent. France and Japan, the Court affirmed the mediation legislation res judicata, while Germany and Taiwan of China legislative provisions are made in the negativ...
Post Time:Mar 30,2010 TAG:Civil - The construction of a security interest acquired in good faith the mechanism
Abstract: The construction of a security interest acquired in good faith mechanism, including system mechanism, theoretical mechanism, the value of the mechanism, the mechanism and effectiveness of the mechanism of elements, good access to the system is to adapt to the development of commodity economy needs rules arising from a transaction, involv...
Post Time:Mar 28,2010 TAG:Civil - The principle of freedom of contract
Paper Keywords: principle of freedom of contract freedom of contract, the Mandatory contract form contract Abstract: the principle of freedom of contract originated in Roman times, the period of capitalist free competition established and fully developed. Into the twentieth century, as the political, economic, ideological and cultural developmen...
Post Time:Mar 27,2010 TAG:Civil - On the legal thinking of the Han Emperor
Abstract: People are generally familiar with the legal thinking of the Han Dynasty, the prosperity that he was the hero of the Western Han Dynasty, Emperor Wen of Han was not that conservative of the emperor, the emperor or a nothing, in fact, the Han Emperor's reform is a down to earth home, a loyal defender of the Western Han Dynasty. It is in h...
Post Time:Mar 26,2010 TAG:Civil - The protection of trade secrets origin and function of the ban
Abstract: The ban on the system originated in Britain, mature in the United States trade secret law, it is an equitable means of protecting important trade secrets. Embargo can be divided into temporary injunction, preliminary injunction and final ban on three types, each of the different conditions of application . ban impact on the interests of ...
Post Time:Mar 26,2010 TAG:Civil - On the effectiveness of the substantive law of contract, notarized
Paper Keywords: contract notarized contract is established the effectiveness of the Property Registration Abstract: Contract notary procedures and substantive law with a two-effectiveness study from the history, the contract notarized whether the entity was established through the process of evolution, based on the study of modern society, learn...
Post Time:Mar 22,2010 TAG:Civil - Article 40 of TRIPs agreement from the abuse of intellectual property about the Competition Law
Abstract: TRIPs Agreement Article 40 of the members to grant intellectual property license agreement restricting competition in the right to regulate. Major Western countries, countries in economic competitiveness according to the appropriate antitrust policy and intellectual property licensing antitrust Guide, effective solution to the problem of...
Post Time:Mar 20,2010 TAG:Civil - Of domestic violence shelters for battered women
Abstract: battered women's shelters, domestic violence help domestic violence on battered women is an international common cause to prevent domestic violence against women and continue to cause harm to the most direct and effective method. Battered women's shelter needs of the normal operation of the legislative, judicial , social awareness, theor...
Post Time:Mar 20,2010 TAG:Civil - The legal restrictions on freedom of the will of
Summary: Will is a citizen before his death in accordance with the manner prescribed by law to make disposition of his property and his death upon the effectiveness of a legal act. Regardless of all times, countries have established to varying degrees, freedom of the will. And make a testamentary succession generally accepted in modern society inh...
Post Time:Mar 20,2010 TAG:Civil - On the legal regulation of non-marital cohabitation analysis and discussion
Non-marital cohabitation as a new way of life, it relates to the legal, ethical, and many other issues, in real life due to non-marital cohabitation lead to social problems and legal disputes are increasing, and our laws in this regard adjustment is missing. how to protect non-marital cohabitation legitimate rights? This paper by the non-marital c...
Post Time:Mar 16,2010 TAG:Civil - Civil Evidence system in the "legal" and "discretion"
Abstract: The burden of proof is the civil system of the key issues of evidence, and the allocation of the burden of proof is the core of the core of the civil system of evidence "legal" and "discretion" of relations in the allocation of the burden of proof on the issue is particularly reflected in the typical. This is allocation of the burden of ...
Post Time:Mar 11,2010 TAG:Civil - On the issue of online arbitration to determine
Summary: arbitration in international commercial arbitration plays a very important role, but because of the virtual nature of cyberspace, the Internet has led to the uncertainty of arbitration, so it is necessary to determine the online arbitration to the parties to sort out the theory in order to clear online arbitration to determine the princip...
Post Time:Mar 10,2010 TAG:Civil - The "Labor Contract Law" thinking
Summary: After a second amended four times to consider the difficult process, <<PRC Labor Contract Law>> finally on June 29, 2007 formally promulgated on January 1, 2008 into effect. This bears look forward to hundreds of millions of legal workers, labor market changes in China's current situation and practical needs of building a harm...
Post Time:Mar 7,2010 TAG:Civil - Judicial function and anti-domestic violence legislation - judicial intervention in domestic violence Perspective
Paper Keywords: domestic violence, the judicial function in civil judicial relief system Abstract: Domestic violence occurs between family members as a violation of the law and good customs of the violence, has become a global society "cancer." Specific legislation to promote domestic violence prevention, to play the function of judicial resourc...
Post Time:Mar 2,2010 TAG:Civil - Some theoretical problems of the basic principles of the Civil Code Analysis
[Abstract] article provides the basic principles of civil law concept of effectiveness, the value of the basic theoretical issues discussed, and some unique insights and perspectives. [Key words] the civil law, basic principles, values, effectiveness At present, China's economy is facing opportunities and challenges of the international commun...
Post Time:Mar 2,2010 TAG:Civil - Debate on the principles of Marxism with China's comparative study of civil debate
Abstract: The debate on the doctrine in civil law countries, civil law provisions and responsibilities of the parties the right to collect information on a legal principle, the debate is the adversary's doctrine is only important and essential part of this paper aims to clarify the debate adversary litigation doctrine but an important aspect of th...
Post Time:Mar 2,2010 TAG:Civil - Celebrity endorsements thousand legal basis of joint responsibility
Author: Yan Mei Yan Qibiao Shi Yanzi bird Abstract: Since <<Food Safety Act>> The introduction to this year's "two sessions", celebrity endorsement of food quality problem will be jointly and severally liable is a hot topic of concern from the stars and the contractual rights and obligations of operators, and consumers The implied ce...
Post Time:Mar 1,2010 TAG:Civil - On the Anglo-American trust and fraudulent transfer of learning in China
[Abstract] established the trust principal, has to stop, delay or defraud his creditors, present or future claims to achieve the actual intent or without reasonable consideration and support of its insolvency, the trust is revocable, the trust may be revoked system can effectively protect the interests of the creditors the principal Anglo-American...
Post Time:Mar 1,2010 TAG:Civil - Structural model of corporate governance legislative options
"Summary" corporate governance structure of law and economics are two levels of meaning. Learn and compare the United States, Germany, Japan's corporate governance model, the current Chinese corporate governance structure of six defects, and institutional reasons for If you want to create a standardized corporate governance structure, it is impera...
Post Time:Mar 1,2010 TAG:Civil - The issue of tort stillbirth
[Summary] for stillbirth medical malpractice damages resulting disputes, the plaintiffs claim funeral expenses, disability living allowance should be supported, and press <<Malpractice Regulations>> the required standards for the calculation of the damage to soothe the spirit payment amount should be applied to the Supreme Court <&l...
Post Time:Mar 1,2010 TAG:Civil - Line in the main business logic of the system to start with the specification
Keywords: the main business, legal personality, property norms, management norms Summary: the main business is trading and the organization of mixed mechanism of the main business the main specification should be based on different transactions and organizational characteristics of the different manifestations of the swing. Organization of the m...
Post Time:Mar 1,2010 TAG:Civil - On the structure of litigation to establish collaborative
Abstract: Collaborative construction of litigation can give full play the positive role of judges and the parties, as well as between the judge and the parties together to promote the litigation between the parties. China should choose a new legal structure to balance procedural fairness and substantive justice in the pursuit of value. coordinatio...
Post Time:Feb 26,2010 TAG:Civil - Labor market adjustment of the family nanny laws
Abstract: With the rapid development of market economy, China's nanny industry highlights many of the problems through the survey reflects the existing social security system suited to the basic characteristics of nanny groups and special needs through legal and social means to adjust and standardize the nanny industry imperative. Keywords: labo...
Post Time:Feb 24,2010 TAG:Civil - Settlement system on behalf of third
Abstract: China's existing laws and regulations in the civil settlement on behalf of a third person is not clearly defined, although the judicial practice of China in the third person on behalf of settlement theory, but with China, Taiwan, foreign legislation, especially compared with China's real needs a large gap between main settlement on behal...
Post Time:Feb 20,2010 TAG:Civil - On the legitimacy of the use of good faith to achieve a system - in order to sell their houses with the bogus case for the analysis of the object
Key words: Real Estate / false action / good access to / focus on sketches and notes Summary: good access to the system caused by non-legal acts in accordance with changes in important type of property. Since the 'Property Law' in good faith to achieve clearly defined system (Article 106, Section 107), the relevant cases have occurred frequently i...
Post Time:Feb 18,2010 TAG:Civil - Defense system on the nature of existing technology
Keywords: current technology defense system / bona fide third / private interests / patent dispute settlement mechanism Summary: Existing technology is based on the theory of the defense system, the interests of bona fide third party protection available. That the alleged infringement of human good in the case, which has a through search, etc., ...
Post Time:Feb 18,2010 TAG:Civil - Reflections on the responsibility of the school to add infringement
Keywords: tort / supplementary liability / by share of responsibility / fault extent / causes of force Summary: China 'compensation cases concerning personal injury trial law applicable to the interpretation of a number of issues' Article 7, paragraph 2, the school added tort liability, that is infringing a third person suffered personal injury c...
Post Time:Feb 18,2010 TAG:Civil - Water permits and water rights between the nature and Analysis
Key words: water permits / water rights / water rights trading Summary: While water permits for water administration relative who embodies a legally protected interest, but its essence is still a public right of way the nature of the administration, rather than a private right. Although the right to water has public power, but Tong said, believe t...
Post Time:Feb 18,2010 TAG:Civil - By a third person to perform the contract Discussion
Key words: by a third person to perform the contract / warranty obligations / third person Summary: the third person to perform the contract in order to guarantee the third party to fulfill its contract bid, the contract parties are creditors and debtors, rather than third person. The burden of the guarantee obligations of the debtor, the third ...
Post Time:Feb 18,2010 TAG:Civil - Discussion on the legal nature of Registration of Real Estate - in order to change the legislative model, the background property
Key words: Real Estate Registration / Property changes / legal / factual behavior Summary: 'Property Law' prior to the adoption, the nature of the real estate registration, a matter of opinion, but Tong said that the real estate registration act administrative act, the pass is from the China's current legislative status of the real estate decision...
Post Time:Feb 18,2010 TAG:Civil - Contributory infringement of China's re-examine the system
Key words: co-infringement / co-injuring behavior / fiction of common victimization behavior / common risk behaviors Summary: In tort law when the legislature, we should revisit the system in order to build a complete and properly co-tort system. Terms of the behavior of mutual harm, acts of 'common' identification should adopt a common intent tha...
Post Time:Feb 18,2010 TAG:Civil - Trademark revocation and invalidity of the distinction between the system and its significance
Summary: trademarks are trademarks of the revocation and invalid reasons for termination. Trademark laws in most countries and regions in the world of revocation and invalidity systems are a clear distinction between China's current 'trademark' No 'trademark invalid' concept, but collectively referred to as 'withdrawn'. However, article 41 provide...
Post Time:Feb 18,2010 TAG:Civil - Grant contract system in China reflect a number of issues
Keywords: grant contract / promise by nature / withdrawal rights / liability for breach of the donor Summary: free contract in the grant contract of sale in paid status and the status of the contract fairly, and its importance of self-evident. China's current system of grant contract there are some available at the meeting of the Legislative pro...
Post Time:Feb 18,2010 TAG:Civil - Logic conversion and system innovation - China's real estate registration system defects relief model of adjustment
Keywords: real estate registration / defective relief / logic conversion / system innovation Summary: real estate registration system flaws relief model as an important component of the system, its specific design depends directly on the logical basis, that is the nature of the behavior of the theory of real estate registration definition. Real ...
Post Time:Feb 18,2010 TAG:Civil - On the form of the contract
Keywords: form of contract / contract in writing / oral contract Summary: freedom of contract in the form of modern general practice of law, contract law has changed in the past too much emphasis on the practice of writing, consistent with the general practice of States, is a major improvement. The main purpose of the form of contracts, includin...
Post Time:Feb 18,2010 TAG:Civil - Legal Problems of maintenance agreements gifts
Abstract: The legislative provisions of the legacy of China's succession dependency protocol content, character and legal effect of a preliminary study, and compared the legacy maintenance agreement contracts with foreign inherited the similarities and differences. Keywords: bequest maintenance agreements; dependents; be a dependent person; succes...
Post Time:Feb 9,2010 TAG:Civil - On the 'property law' norms of the land under the mortgage
Abstract: This paper describes the concept of land mortgage and its legal characteristics, to further explore the 'The People's Republic of China Property Law' after the introduction of the impact of the land mortgage. Land mortgage system through the re-analysis and demonstration, designed to further clarify the existing land mortgage system in t...
Post Time:Feb 4,2010 TAG:Civil - Theory of a few questions about the security
Keywords: mortgage / material security / PICC / priority / subrogation Summary: Tong, said that: mortgage collateral effect and in the fruits, after imparting the additional compensation, the new material, a total share of appendages, from the objects, from the right. Third person to offer collateral, physical security does not give priority to hu...
Post Time:Jan 30,2010 TAG:Civil
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