湖北文理学院学报2016，Vol.37Issue(12)：45-50,6.
民事诉讼拘传原告制度之批判
Criticism on the System of Summoning the Plaintiff by Warrant in the Civil Action
郭奥茜1
作者信息
- 1. 武汉大学 法学院，湖北 武汉 430072
- 折叠
摘要
Abstract
On the Interpretation about Application of “Civil Procedure Law of the People's Republic of China”prescribes that the court can summon the plaintiff by warrant after summoning two times on the condition that the court could not find out case facts. The prescription not only goes against relevant law principals and procedure tenets, but also cannot achieve the expectant goals. The reasons are: the litigation mode of ex officio doctrine, the concept of trial of absolutely finding the case facts, the ignorance of burden of proof and burden of claims. The system of summoning the plaintiff by warrant can be canceled; when the plaintiff is absent, the court could make judgements by default or deals it according to the action withdrawal after consulting final opinion of the defendant.关键词
民事诉讼/拘传/原告Key words
Civil procedure/Summoning by warrant/Plaintiff分类
社会科学引用本文复制引用
郭奥茜..民事诉讼拘传原告制度之批判[J].湖北文理学院学报,2016,37(12):45-50,6.
