论文部分内容阅读
第一章 民事诉讼法概述 一、目的要求。理解民事诉讼与民事诉讼法的概念,及二者之间的关系;了解民诉法的产生、发展及与相邻部门法的关系;理解民诉法在我国法律体系中的地位和功能。 二、主要内容。本章主要讲述了民事诉讼与民事诉讼法的概念、关系以及民事诉讼法与相关实体法的区别与联系、与人民法院组织法、刑事诉讼法、行政诉讼法的区别与联系。 三、基本概念。1.民事诉讼(1页) 2.民事诉讼法(3页) 四、重点问题。1.民事诉讼与民事诉讼法的关系。前者是审理和解决民事案件的活动,后者是从事这件活动必须遵守的操作规程。即后者是规范民事诉讼行为,调整民事诉讼活动的规范体系。 2.民事诉讼法与民事实体法的关系,是形式与内容的关系、民诉法是程序法。 五、思考题。1.什么是民事诉讼?其特点如何?2.什么是
Chapter I Overview of Civil Procedure Law First, the purpose of the request. Understand the concept of civil procedure and civil procedure law, and the relationship between the two; understand the generation and development of civil procedure law and the relationship with the neighboring department law; and understand the status and function of Civil Procedure Law in our legal system. Second, the main content. This chapter mainly introduces the concept and relationship of civil procedure and civil procedure law as well as the difference and connection between civil procedural law and relevant substantive law and the difference and connection between it and the organization law, criminal procedure law and administrative procedure law of People’s Court. Third, the basic concepts. 1. Civil Proceedings (1 pages) 2. Civil Procedure Law (3 pages) Fourth, the key issues. The relationship between civil procedure and civil procedure law The former is a trial and settlement of civil case activities, the latter is engaged in this activity must comply with the operating procedures. That is, the latter is a normative system regulating civil actions and adjusting civil actions. The relationship between civil procedural law and civil substantive law is the relationship between form and content, Civil Procedure Law is procedural law. Fifth, thinking questions. 1. What is a civil action? What are its characteristics? 2. What is