On the individual subjectivity in the civil proceedings--from the perspective of the relation between program interests and subject of the program
Author(s): XU Shanghao
Pages: 58-64
Year: 2014 Issue: 4
Journal: Journal of Central South University(Social Science)
Keyword: civil procedure; individual subjectivity; interest of the procedure; subject of the program;
Abstract: The type of national subject, the type of state-individual and the type of individual are three different types of procedural subjectivity, which is a response of the trend of proceeding development from state control to individual freedom. Modern procedures emphasize individual subjectivity of the program, and the individual should be an independent, free subject of the procedure, which requires the independent self interest support in the proceedings. Civil procedure should weaken national role, take personal program interests as the starting point, realize personal independence program status, and make the civil procedure obtain true independence.
Pages: 58-64
Year: 2014 Issue: 4
Journal: Journal of Central South University(Social Science)
Keyword: civil procedure; individual subjectivity; interest of the procedure; subject of the program;
Abstract: The type of national subject, the type of state-individual and the type of individual are three different types of procedural subjectivity, which is a response of the trend of proceeding development from state control to individual freedom. Modern procedures emphasize individual subjectivity of the program, and the individual should be an independent, free subject of the procedure, which requires the independent self interest support in the proceedings. Civil procedure should weaken national role, take personal program interests as the starting point, realize personal independence program status, and make the civil procedure obtain true independence.
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