The 28th Session of the Standing Committee of the Eleventh National People's Congress voted to adopt the decision on amending the Civil Procedure Law on August 31, 2012。This legislation bet365 live online casinofollows the revision of the Criminal Procedure Law this year,Another major event in the construction of our country’s legal system。In order to enable students to deeply understand the principles and basis behind the revision of the Civil Procedure Law,September 7, 2012, 7 pm,Associate Professor Zhang Haiyan of our college、Associate Professor Xu Qingkun、Teachers Liu Jialiang and Feng Junwei brought a lecture entitled "In-depth discussion on the 2012 revision of the Civil Procedure Law"'s academic report.
The report opened with teacher Liu Jialiang’s humorous opening remarks。Subsequently,Teacher Zhang Haiyan took the lead in leading everyone on an in-depth discussion on the Civil Complaints Amendment。Teacher Zhang Haiyan thinks,Civil law as substantive law and civil procedure law as procedural law are like "wings of a bird、Two wheels of the car”,Has a natural indivisibility。If substantive law stipulates the rights and obligations of citizens,Then procedural laws provide crucial guarantees for the implementation and realization of citizens’ rights and obligations。First,Zhang HaiyanTeacherPoint out,The amendment incorporates the principle of good faith, the "imperial clause" in the civil law, into the civil procedure law,Fully reflects the penetration bet365 live casino and sports bettingand influence of the basic principles and spirit of substantive law on procedural law。Secondly,Article 34 of the amendment expands the scope of application of the original provision from "contract disputes" to all "property rights disputes",The competent court for such disputes shall be "Defendant’s residence、Place of contract performance、Place of contract signing、Plaintiff’s domicile、Location of subject matter"Court extended to all"The People’s Court of the place with actual connection with the dispute”,Teacher Zhang Haiyan believes that this is a reference to the principle of the closest connection in private international law,It is also a reflection of the basic spirit of protecting the autonomy of the parties to the greatest extent in the civil law。final,Teacher Zhang Haiyan gave an in-depth interpretation of the delay in proof system in the amendment,believes that the creation of this system has strengthened the parties’ ability to produce evidence,It is a manifestation of appropriate transplantation of the British and American legal systems。
Subsequently,Teacher Xu Qingkun expressed his views on foreign-related civil litigation,himthink,Many of the more mature rules in private international law have not been fully referenced in this revision of the Civil Procedure bet365 best casino gamesLaw,Some foreign-related legislative provisions are still relatively backward。Teacher Xu Qingkun pointed out,With the improvement of my country’s internationalization level,Relevant rules for foreign-related civil litigation should be improved and developed。Teacher Feng Junwei demonstrated his views from the perspective of combining litigation procedures and evidence。
In this chat trip,Every teacher has his or her own opinion,Fierce confrontation of opinions from all sides,Gradually bring the entire report to a climax。Facing questions from classmates,Every teacher gave detailed information one by one、Detailed answer。final,Teacher Liu Jialiang made a wonderful summary of this report。This academic feast came to an end with warm applause from the students。
Written by: Liu Wenhuan
Reviewer: Xu Qian