The Relationship between Debate Principles and Polemicism in Civil Litigation Connections and Diffe

The principle of debate in civil litigation refers to the role of the parties in civil litigation activities. The principle of debate refers to the right of the parties to debate under the auspices of the people's court on the facts and legal issues in dispute in the case in civil litigation activities, and to state their own claims and rebuttals and defenses to each other, so as to ascertain the facts of the case and safeguard their legitimate rights and interests.

Article 527 of the Civil Code of the People's Republic of China Article 527 of the Civil Code of the People's Republic of China A party that should first perform its debts may suspend performance if there is conclusive evidence to prove that the other party has any of the following circumstances: (1) the business situation has seriously deteriorated; (2) Transferring property or withdrawing funds to evade debts; (3) loss of business reputation; (4) There are other circumstances in which the ability to perform debts is lost or may be lost. Where a party has no definite evidence to suspend performance, it shall bear liability for breach of contract.

The party that should perform the debt first may suspend performance if there is conclusive evidence to prove that the other party has any of the following circumstances: (1) the business situation has seriously deteriorated; (2) Transferring property or withdrawing funds to evade debts; (3) Loss of the credibility of the business hall; (4) There are other circumstances in which the ability to perform debts is lost or may be lost. Where a party has no definite evidence to suspend performance, it shall bear liability for breach of contract.

1. Definition of the principle of debate.

1. The so-called debate refers to the fact that both parties state their respective claims and opinions on the facts of the case and the application of law under the auspices of the court, and refute and defend each other, so as to strive for a favorable litigation result and safeguard their legitimate rights and interests; The people's court ascertains the facts of the case through debate.

2. The German jurist Kenner believes that debate generally refers to the facts put forward by the parties in the lawsuit, and can be used as the basis for the court's judgment after debate. Facts that are not presented by the parties cannot be used as the basis for the judgment, and the court does not take the initiative to investigate, and even if it is investigated without the parties presenting it, it cannot be used as the basis for the judgment.

Common law countries have adopted this view.

Second, the content of the principles of the debate.

1. The right to debate is an important litigation right of the parties. That is, the parties also include third parties who have the right to state the facts and reasons for the litigation claim. They have the right to refute and defend the statements and claims of the opposing party. The parties take this opportunity to protect their legitimate rights and interests.

2. The principle of debate runs through the whole process of civil litigation, including the first-instance, second-instance and retrial procedures. It can be seen that the debate referred to by the debate principle is not exactly the same as the argument in court. Court argument refers only to the argument conducted by the parties in the course of an open trial, which is a type of oral argument.

The debate doctrine refers to debate in court, as well as debate conducted in proceedings other than court proceedings.

3. The form of expression of the debate can be oral or written. Oral argument, also known as "verbal debate", is mainly concentrated in the courtroom trial stage, which is the most concentrated and comprehensive debate, and is also the most important embodiment of the principle of debate.

4. The content of the debate can be both substantive and procedural. First of all, issues that are not related to the facts of the case and the applicable law are not debated. Second, although related to the facts of the case and the applicable law, issues that are not disputed by the parties are not part of the contention.

5. The people's court shall ensure that the parties fully exercise the right to debate in the course of litigation, that is, the judgment of the people's court must be made through and based on the debate of the parties. This requires that the judgment of the people's court must be formed after the courtroom debate; The people's court's judgment of the truth of the facts of the case must fully consider the outcome of the parties' debate.

III. The Significance of the Principles of Debate.

1. From the perspective of the Constitution, the principle of debate can be regarded as the concrete embodiment of the constitutional right to freedom in civil litigation, and at the same time, because the dispute it resolves is a private right dispute, and the autonomy of the parties in the litigation should be respected;

2. From the perspective of rights, the disposition of the parties' litigation rights involves the issue of the right to choose procedures, and the principle of debate reflects the content of the right to a litigation hearing;

3. From the perspective of regulating the relationship between the court and the parties, the principle of debate is the most basic principle for regulating the relationship between the court and the parties in civil litigation, which provides a reliable procedural guarantee for the parties.

4. It can enable the parties to obtain full and equal opportunities to participate in litigation and freely dispose of litigation claims and substantive rights, and promote the formation of a neutral status of the court.

The principle of civil litigation debate is that the scope of the parties' debate can be both procedural and substantive. The right to debate is the basic power of the parties to debate.

When there is no laughing thing in the form of the person exercising the right to debate. The "materials" formed by the parties' arguments shall be the basis for the court's judgment.

Article 33 of the Criminal Procedure Law: In addition to exercising the right to defend themselves, criminal suspects or defendants may also retain one or two persons as defenders. The following persons may be retained as defenders: (1) lawyers; (2) Persons recommended by people's organizations or the criminal suspect or defendant's unit; (3) The guardians, relatives and friends of criminal suspects or defendants.

Persons who are currently serving a criminal punishment or who have been deprived or restricted of their physical liberty in accordance with law must not serve as a defender. Persons who have been dismissed from public office or have had their lawyer's or notary public's practice certificates revoked must not serve as defenders, except where they are the guardians or close relatives of criminal suspects or defendants.

The principle of debate in civil litigation refers to the role of the parties in civil litigation activities. The principle of debate refers to the right of the parties to debate the facts and legal issues disputed in the case under the auspices of the people's court, to state their own claims and to refute and defend each other in civil litigation activities, so as to ascertain the facts of the case and safeguard their legitimate rights and interests. Civil litigation shall follow the principle of good faith.

The parties have the right to dispose of their civil rights and litigation rights within the scope prescribed by law. The people's procuratorate has the power to exercise legal supervision over civil proceedings.

State organs, social groups, enterprises, and public institutions may support the harmed units or individuals in bringing lawsuits in the people's courts for conduct that harms the civil rights and interests of the state, collectives, or individuals. With the consent of the parties, civil litigation activities may be carried out through the information network platform**. Where civil litigation activities are conducted through information network platforms**, they have the same legal effect as offline litigation activities.

The people's congresses of ethnic autonomous areas may, on the basis of the principles of the Constitution and this Law, and in consideration of the specific conditions of the local ethnic groups, formulate provisions that are adapted or supplemented. The regulations of the autonomous region shall be submitted to the Standing Committee of the National People's Congress for approval. The provisions of autonomous prefectures and autonomous counties shall be reported to the standing committee of the people's congress of the province or autonomous region for approval, and shall be reported to the Standing Committee of the National People's Congress for the record.

Legal basisArticle 12 of the Civil Procedure Law of the People's Republic of China.

When a people's court hears a civil case, the parties have the right to debate.

There are flaws, but they are constantly developing and improving. The trial model of civil litigation in China is a mocking hand style of authority, that is to say, the judge leads the process of civil litigation, and does not have the freedom of the prosecution and defense, while the civil litigation debate is a debate led by the judge, and the two sides of the debate can only have full debate within limited freedom. Auction hall.

Article 12 of the Civil Procedure Law provides that when a people's court hears a civil case, the parties have the right to debate it.

The following main content about the principle of debate in China's Civil Procedure Law is incorrect ( ) aThe exercise of the right to debate is not only at the stage of argument in court, but also throughout the whole process of litigationEvidence that has not been debated and debated in court shall not be used as the basis for a court decision

The parties may argue on the merits of the case or on the procedural aspects of the case dThe complaint and written reply submitted by the parties are not considered to be arguments View answer analysis [correct Feng Cong open answer] d [answer analysis] The plaintiff's complaint Zheng State and the defendant's reply are arguments in written form. Make the self-examination more atmosphere, if you want to join the historical news subscription account, please add zhengbao

The principle of debate in civil litigation is that all parties have the right to speak, etc. Debate refers to the act in which the parties have the right to debate the factual and legal issues disputed in the case under the auspices of the people's court, to state their own claims, and to refute and defend each other in the civil litigation activities.

Article 48 of the Civil Procedure Law of the People's Republic of China.

When a party submits an application for recusal, it shall explain the reasons and submit it at the beginning of the trial of the case; Where the reasons for recusal are known after the trial of the case has begun, they may also be raised before the conclusion of courtroom debate.

Before the people's court makes a decision on whether or not to recuse themselves, the person subject to an application for recusal shall suspend their participation in the work of the case, except where the case requires emergency measures.

Article 12 of the Civil Procedure Law of the People's Republic of China.

When a people's court hears a civil case, the parties have the right to debate.