Civil Papers - 9 - Professional Civil Research Papers

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The establishment of civil law and the protection of personal property
Key words: material property of personality thing Summary: The property has a symbolic character once damaged by the loss against Erzhi will brings the spirit of irreversible damage, but the lack of legislation on systematic attention to such property, so protection is not enough. Judicial practice in China, based on the results of legal resear...
Post Time:Sep 8,2010 TAG:Civil
"Tort Liability Act," medical malpractice liability reform and the lack of success
Keywords: medical malpractice liability; reform; success; inadequate; perfect Summary: "Tort Liability Act" on medical malpractice liability system was successful reform, mainly in the unified cause of action for medical malpractice liability, liability for damage to the medical scientific classification, to determine appropriate conditions of r...
Post Time:Sep 8,2010 TAG:Civil
Tort Liability on the Internet: "Tort Liability Act," Interpretation of Article 36
Keywords: network Infringement their responsibility to inform the know Abstract: This article is the basic problem of infringement on the network, network service providers and users of their tort liability tort, and "notice" in case of tort liability and the "know" tort liability in case of Structure and undertake a comprehensive discussion For...
Post Time:Sep 8,2010 TAG:Civil
Studies measuring body of law
Keywords: Empirical Study of Measurement Method of Law Summary: Measuring the study of law is a relationship between the number of legal disciplines of law phenomenon, which has its own object of study and special research value. This article in the scientific measurement of the Disciplinary Law, based on the application of the measurement fiel...
Post Time:Sep 8,2010 TAG:Civil
The physical properties of Personality and procedures for system construction
Key words: personality matter of substantive law procedural law system construction Summary: "personality thing" is the theory of civil law and judicial practice in the new issue of the legal systems of personality Wu must rise to the level of general rules of law on the civil legislation and judicial will be helpful, and only then the legal sys...
Post Time:Sep 8,2010 TAG:Civil
"Tort Liability Act" protecting the civil rights
Keywords: Tort Liability Law general tort provisions of the civil rights and interests of the absolute right to pure economic loss Summary: "Tort Liability Act," Article 6, paragraph 1, the general tort, literal interpretation and historical explanation of the conclusion is that it protects the civil rights of all and the same level of protectio...
Post Time:Sep 8,2010 TAG:Civil
China's "Law of Negotiable Instruments" in the less restricted system and improvement of endorsement
Key words: limited endorsement Legislation Law of Negotiable Instruments Abstract: China's "Law of Negotiable Instruments," there is no system of endorsement of limitations provisions, both the existence of semantic confusion, and there is lack of content. This semantic confusion led to completion on the understanding of meaning, affecting the ...
Post Time:Sep 8,2010 TAG:Civil
Comparative Law Theory Construction of willful infringement
Key words: intentional torts intentionally lure corporate awareness of the illegal nature of punitive damages in breach of contract Summary: intentional torts must be fault liability and negligence from the "shadow" coming out, depicts independent legal picture. Responsibility of property from the mean starting Intention should contain illegal ...
Post Time:Sep 8,2010 TAG:Civil
A Brief History of Chinese Civil Law doctrine of the Object
Key words: History of Civil Law Doctrine of the bill would object Summary: Objects of Civil Law, refers to the legal department of the civil law to regulate social relations. Object of Civil Law, Civil Law has been the subject of heated academic discussion of comparison, not only in our civil law scholars, in the former Soviet Union and the for...
Post Time:Sep 8,2010 TAG:Civil
"Tort Law," Interpretation of death compensation system
Keywords: Tort Liability Act to explain death compensation provisions of the Legislative Changes Summary: From the "Civil Law" after a Supreme ??2003?? 20 judicial interpretations to the "Tort Liability Act," death of the tort system of compensation can be established and gradually improved. Academics and legislative workers about the "fate" an...
Post Time:Sep 8,2010 TAG:Civil
Copyright law's "opt out" system and its legitimacy
Keywords: copyright protection rules "opt out" system of rules of obligation transaction costs Summary: Google Books Project's "opt out" procedure with the traditional pre-authorized by the copyright protection of property rights rules are different. However, the rules of copyright protection, and not just property rules, but by property rules,...
Post Time:Sep 8,2010 TAG:Civil
On the relationship between civil law and civil society
Abstract: The civil law is to adjust the principal of equality between citizens, legal persons and between citizens and legal persons and property between the personal relationship between the sum of legal norms. The public nature of the society is to have personal freedom, freedom, or whether in fact cultural freedom, freedom not only property bu...
Post Time:Sep 3,2010 TAG:Civil
Cases of intentional injury claim with a civil rights plaintiff Issues on
Paper Keywords: Civil cases of intentional injury claims Abstract: intentional injury cases accepted in court in criminal cases account for a large proportion of cases of intentional injury victims how to achieve with their own civil rights litigation, the scope of the claims of the victims and realize the right way, the defendant compensation w...
Post Time:Aug 31,2010 TAG:Civil
On the burden of proof in civil proceedings
Paper Keywords: Burden of Proof in Civil Procedure Abstract: The concept of burden of proof, there are three circles in China Definition: behavioral responsibility that the double meaning that the burden of that risk. Acts of responsibility, said that the burden of proof is the responsibility of the parties to provide evidence, that the double m...
Post Time:Aug 30,2010 TAG:Civil
Protection of land use rights of farmers
[Paper Keywords] protection of land use rights of farmers [Abstract] farmers land use rights are vague incomplete, and it is fragile. To strengthen the farmers + AC / t ~ the right to protection, we must reform the existing land, further clear land use rights of farmers and other protection measures, such as improving the collection of land to f...
Post Time:Aug 30,2010 TAG:Civil
Analysis of fiduciary duties of lawyers
Paper Keywords: lawyer fiduciary duties, economic freedom, incentive mechanism Abstract: Fiduciary Duty counsel is a lawyer commissioned-based client relationship of trust in its formation, the highest level assumed by the honest and faithful, and represents the best interests of the principal obligation is. It is ethics and code of conduct lawy...
Post Time:Aug 29,2010 TAG:Civil
Partner Problems of Fiduciary Duties
[Paper Keywords] partnership, partner, fiduciary duty [Abstract] partnership in the partner's fiduciary duties between the partners from the partnership agreement for the establishment of trust and fiduciary relationship, is derived from the principle of good faith an obligation. Partner of the specific form of fiduciary duty by a partner a part...
Post Time:Aug 29,2010 TAG:Civil
On the proof of Civil Procedure
Paper Keywords: cross-examination certificate of proof civil proof Abstract: evidence that the parties will submit to the court the evidence gathered. In a different stage of the proceedings, the parties submitted evidence to the court is different. In the prosecution stage, the parties shall submit to the court at least meet the conditions for ...
Post Time:Aug 29,2010 TAG:Civil
Of Public Interest Litigation
Abstract: China's existing procedural law on who is eligible to safeguard the public interest, the people's court for the purpose of administrative and civil proceedings does not make specific provisions. In this paper, the concept of public interest litigation, features, and significance based on an analysis, elaborated on China the need to estab...
Post Time:Aug 29,2010 TAG:Civil
Comparative Perspective On Anti-dumping in the Judicial Review System
Abstract: China's current anti-dumping legislation concerning anti-dumping judicial system is relatively simple, compared with a world economic power, there is a large gap in access to WTO, China has made great efforts in this regard, however, the judicial review the jurisdiction of the participants in the proceedings, judicial review provisions o...
Post Time:Aug 29,2010 TAG:Civil
On the non-fixed term labor contract system
Abstract: <"Labor Contract Law"> Article l4 of the Act shall be promulgated and implemented before and after the controversy over the terms of the largest, the regulations provided for no fixed term labor contract, and in the applicable conditions and scope than the <"Labor Law >> The relevant provisions of the more general, to a ce...
Post Time:Aug 29,2010 TAG:Civil
Brief civil standard of proof
Paper Keywords: real proof of civil law standard of objective truth Abstract: The objective truth is in accordance with things as they understand things, to understand the actual situation in line with the object. A long time, theorists have proved that the objective truth as the purpose of litigation, the Court determined that the facts of the ...
Post Time:Aug 29,2010 TAG:Civil
Evidence Rules of Civil Procedure Legislation and Perfection
Paper Keywords: civil procedure, rules of evidence, the Legislative Status Abstract: December 6, 2001, the Supreme Court Judicial Committee of the 1201 meeting, adopted a number of provisions on civil evidence that the civil rules of evidence indicates that China has begun to systematize. The article on the existing rules of evidence in civil pr...
Post Time:Aug 28,2010 TAG:Civil
On Marital Property System in China and improvement of legislation
Paper Keywords: contract property publicized legal property system Abstract: Marital property system is an important part of marital property system is one of the provisions of the existing marriage law but its not perfect, this paper from the study of Marital Property System in China's current situation and the lack of raised will further compl...
Post Time:Aug 27,2010 TAG:Civil
On the civil law and constitutional privacy right to privacy in the comparison
Paper Keywords: constitutional rights of personal privacy rights Abstract: Privacy has been or is becoming a widely recognized international and national protection of fundamental rights. By comparing the privacy and civil law right to privacy in the Constitution, we can better understand their rights, to protect their privacy. First, the righ...
Post Time:Aug 27,2010 TAG:Civil
Improve the labor contract system of harmonious labor relations
[Paper Keywords] labor contract, labor relations, workers, employers [Abstract] At present, the labor contract system, there are many problems in implementation, such as not to enter into a written contract, such as short-term labor contract, a serious impact on both employees and employers harmony. Therefore, we should insist on no exception, e...
Post Time:Aug 27,2010 TAG:Civil
On improving the labor contract system, building a harmonious labor relations
Abstract: The paper used in the form of literature review, classified the content of academic interpretation of labor relations, labor relations of harmonious relations with the labor contract system, to sum up our problem in the labor contract, labor contract from the angle of the harmonious labor relations measures. Paper Keywords: labor contr...
Post Time:Aug 27,2010 TAG:Civil
On civil negligence on the goodwill and Yuan Dynasty - Review right agent's subjective state of relative
Abstract: goodwill and no-fault is the subject of civil law civil behavior on the subjective evaluation of the importance of state standards, the two are closely linked, but not identical. By analyzing the relationship between the two starting on the right to review the traditional civil law agent system constitutes a relatively subjective state w...
Post Time:Aug 27,2010 TAG:Civil
Analysis of the Labor Contract Law Enforcement and Countermeasures obstacles
Abstract: Labor Contract Law of the existing labor contract system by the large number of additions and modifications, and increased efforts in protecting workers, employers and workers to achieve a balance of interests. But its implementation has been greatly hampered, and many enterprises have adopted the collective layoffs, labor dispatch, sen...
Post Time:Aug 27,2010 TAG:Civil
The function of Civil Procedure amendments and improvement of retrial
[Paper Keywords] Civil Code amendment retrial relief program of non-normal principle of complementarity [Abstract] Civil Procedure Act Amendments of retrial done a lot of changes, but there is still insufficient. For the retrial, should adhere to its non-normal function and relief program based on the principle of complementarity, in real terms ...
Post Time:Aug 26,2010 TAG:Civil
Members of the understanding of the implementation of Title
Paper Keywords: Executive member executive body internal organs titles Abstract: People's Court is the Chief Executive Officer title or business title, "<Civil Law"> not clearly defined, Civil Procedure Law Article 205 provides for enforcement only by the execution officer, but the conditions of employment of Executive Officer, appointment...
Post Time:Aug 26,2010 TAG:Civil
On the China labor contract without a fixed term of the System
[Paper Keywords] no fixed term labor contract law fixed term [Abstract] version <<of the PRC Labor Contract Law "> enactment, help protect the lawful rights and interests of laborers, but some parts of the system there are defects in the design, the labor market in China will adversely affect the healthy development. This paper from the...
Post Time:Aug 26,2010 TAG:Civil
Interfere with the performance of the implementation of local protectionism and Countermeasures
Paper Keywords: local protectionism and interference with the implementation of performance measures Abstract: People's Court case one of the reasons is the difficulty in enforcement lead to local protectionism, especially in economically less developed the performance of grassroots courts jurisdiction over the implementation of more obvious cas...
Post Time:Aug 26,2010 TAG:Civil
Parties against the execution of the Causes and Countermeasures
Paper Keywords: Causes of the implementation of measures against the parties Abstract: A number of civil enforcement cases because the parties have executed against the mentality, resulting in cases of difficult Zhijie. Therefore, the implementation of the mentality of the parties to seek countermeasures, more conducive for implementation. Fir...
Post Time:Aug 26,2010 TAG:Civil
The start of the trial supervision procedure
Paper Keywords: civil trial supervision program starts Abstract: trial supervision program as an "ex post relief" program, as a non-normal procedure, judicial practice in civil litigation has played an important role. In general, the higher the level of a country the rule of law, justice more fair , the higher judicial authority, the need to set...
Post Time:Aug 26,2010 TAG:Civil
On the application of the principle of Mediation
Paper Keywords: Court Mediation principles apply Abstract: <<Civil Procedure Law "> Section 9 provides that the People's Court civil cases, should be based on the principle of voluntary and legal mediation, the mediation fails, should be timely decision. Under this provision, the court said the principle of mediation can be Mediation is...
Post Time:Aug 26,2010 TAG:Civil
Proof of Civil Procedure objects
Paper Keywords: Civil evidence of the fact that the object Abstract: Proof in Civil Litigation participants and the object is to prove the use of evidence the court's resolution of the case has legal significance of facts. First, the facts to be proved by evidence Proof in Civil Litigation participants and the object is to prove the use of e...
Post Time:Aug 26,2010 TAG:Civil
On Marital Property System and Improvement of
Paper Keywords: Individual-specific marital property regime Marital Property Property Abstract: marriage and family marital property system is an important legislation in the legal system. In this paper, the existing marriage law of matrimonial property system was a theoretical discussion of the Marriage Law and the lack of legislative success, ...
Post Time:Aug 26,2010 TAG:Civil
Intangible property of husband and wife tangible property - to split marital property upon divorce, as
Paper Keywords: marital property, tangible property, intangible Abstract: Current <<Marriage Law>> highlighted the legislative status of marital property system. The current system of marital property, marital property under the form of tangible property to the reality-based, intangible assets are ignored. During the existence of the...
Post Time:Aug 26,2010 TAG:Civil
Have both workers compensation should be laid to rest on
Workers compensation have both, when a workers hurt by a third party intervention, when there exist multiple remedies for the same damage, the victim may request to retain the same (ie have both on, or may choose only one (that is, selection of, or were victims get relief system at the same time on different claims, but shall not exceed the damage...
Post Time:Aug 21,2010 TAG:Civil

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