In this paper, we first discuss the detailed system of the Civil Procedure Law of Germany and the public. German civil legal hearing claims involved parties in the litigation process of humanity a solemn pledge, the principle of national rule of law, is plain near the criminal procedure law and the plain near actions focus concept. German civil legal hearing claims are enjoyed by the parties in the plain near the court in a French fundamental rights and human rights in the constitution assurance indecent in the plain near the court's performance, so as to ensure the litigant lawsuit main body status. This paper of German civil legal hearing requirements in open a panoramic view, systematic research, covering the German civil legal hearing in meaning, history, actual basic, subject, content, limit and rescue for statutory hearing claims as a French power and human rights guarantee the idea of civilian litigation coherent institutional supply directive significance and focus effect. My idea of detailed guarantee confirmation litigation needs of the actual rail to reflect our country's legislation theory and plain near the civil procedure system design, based on our country's human rights guarantee of basic constitutional, French guarantee the right of litigation and judicial coordination policy for China's constitution and the plain near the civil procedure law legislation shortcomings, plain near the judicial theory and plain near rail system in need of perfect practice, in this paper the Constitution and plain near the civil procedure law legal hearing claims of philosophy, in the plain near the court of the rail system and perfect legal hearing claims to the civil procedure law reform and plain near the civil procedure law practice perfect benefit. This paper is divided into three departments, 15 words. The first part is the history of legal hearing claims and the actual basic civil public morality. The Department aims at analysis of statutory hearing claims the term in German public law meaning, general nature and with other countries to delineate the difference, looking for statutory hearing claims in Germany's development and growth and practical support. This is the end of this paper. The first chapter explains, "legal hearing claim" a word from Devin. The author in the translation of loyalty to the nature of the power sent righteousness, i.e., the parties based on the constitution entrusts with the French subject position, have the right to request the court in a ruling, ensure that the parties can perhaps involving the trial French, enjoy sufficient offensive onslaught, Chen said the reality and judicial views and argue the opportunities, thus affecting the referee French stop and achievements. Statutory hearing request right is a constitutional statutes of French fundamental rights, is a composite of litigation right, also is a plain near the court of the basic principles, is, "legal hearing claim" weekdays can be exchanged with an "legal hearing". At the same time, the German public legal hearing requirements in the history of evolution but also notes, statutory hearing claim is the result of natural justice and constitutional development, with a constitution, a real-time method. The aim of this chapter is to explain the origin of legal hearing claims with the French right and complex nature of the litigation right. The second chapter discusses the legal hearing claim according to the actual country under the rule of law and human rights guarantee of the actual basic to explain legal hearing claim is the product of the growth of the constitution, constitution is a legal hearing claim has to ensure that parties in the litigation subject position according to, and legal hearing claims is indecent in the plain near the court of human rights recognized by the constitution guarantee. The aim of this chapter is to explain the legal requirements of hearing right principle and human rights guarantee law country indecent. The second part is requirements of statutory hearing in the systematic research to assessment of Ephraim set hearing claims assurance for the concept of civilian litigation system. The third chapter is facing Germany civil legal separation hearing claim stopped combing subject under the Constitution and civil procedure law layer. The constitution of the legal hearing claim human scale in the eve of the civil lawsuit law. In the constitution, everyone is entitled to claim statutory hearing; in the plain near the Civil Procedure Law of the, statutory hearing requirements the subject of the right is with a specific, contains the parties or similar parties position and the intervention of French people in the court proceedings, may directly and litigation are judicial short long relationship between people. This chapter aims to of statutory hearing requirements subject right in the Constitution and the plain in civil procedure law level distinguish, that the former has a comprehensive induction, the latter is specific. Chapter four touched statutory hearing claims of content, includes the right of knowing, Chen Shuoquan, discretion of the trial claim and raid referees stop the claim. Ensure statutory hearing claim not only litigation power enjoyed by the parties, also asked the judge implement the discretion of the trial, and remind responsibility, stop the attacks of referees, complete the parties of French subject position. And this kind of guarantee also involved with the civil litigation related system, such as the acting lawyer system. Statutory hearing requirements in three aspects: the content and plain in litigation with rail system coherence, one was to deliver the rail system to ensure the right of knowing, the second is the concentration French subject position of the parties right to Chen, and the third is the claim by the judge's heart to underground rail system to ensure the discretion of the trial, medium also contained by the interpretation of the responsibility and judicial review debate responsibility to ensure that sudden judgment stop claim. This is the focus of this paper. 目录: |
