2009Years

Comprehensive:

1, theLawBehavior characteristics
15Divided

2The equity, species
15Divided

3, discusses the rights and obligations of theRelationship
35Divided

4, discussionCommercial LawThe system and origin of
35Divided

 

Civil law:

1The concept and category of the legal person
15Divided

2The concept, causes and elimination of the pledge
15Divided

3The unsafe right of defense, the exercise conditions and its effect
15Divided

4The body right
35Divided

5, the condominium
35Divided

6Current, the spirit ofDamageCompensationSystemAndTheoryThe contemporary development
35Divided

 

2010Years

Comprehensive:

Characteristic value system, the method of

1Value method, meaning: the value of a group and the legislation and implementation of relevant, consists of three subsystems, namely the objective value law, the form of value and method of evaluation standard system.

2, characteristics:

(1) from the value attribute, is a system composed of a group and the method of value creation and implementation of related, that is directly related to a group and the law, legal value.

(2) from the value view of the subject, is by the ruling class statusSociologyValue system held by the group, the value system is throughCountryLegislationThe exercise of the right to set up, and by law enforcement andJudicialThe exercise of the right to receive compulsory security.

(3) from the value of the structure, is constituted by the law of the objective value, value and evaluate the value of three components. The relationship between three kinds of value is the objective value, is the basis of the status, value is a necessary condition, evaluation value is justification criteria and evaluation scale.

 

Two, the principle of Justice

1The meaning of justice, justice: national judicial authority in accordance with the statutory authority andThe programSpecial activities, the specific application of law in handling cases. Justice is an important link in the operation of the law.

2Including, judicial principle:

(1The judicial principle of rule of law, judicial) that must be strictly in accordance with the law, including the actual body justice and procedure justice.

     Specific requirements:

1 Based on the fact that, in accordance with legalEvidenceProof of facts and in accordance with the presumption of fact as the basis, the emphasis here is on procedural justice.

     ②Take the law as the criterion, namely the law as the only criteria to handle cases according to law, to emphasize here that strict judicial body.

(2The principle of equality and justice), namely the judicial organ to allLitigationPeople who participate in the equal treatment, and to guarantee their can exercise their litigation rights, perform the litigation obligations.

   Specific requirements:

   1All citizens have equal rights, obligations

   ②Any of the legitimate rights and interests of citizens are equally protected

   ③Any citizen of theCrimeBehavior are equally be prosecuted

(3) the judicial power independently exercise principle, on the basis of ourConstitutionThe people's courts and procuratorates shall, in accordance with the law, exercise adjudicative and procuratorial power independently, withoutAdministrationOrgans, social groups and individuals.

     Specific requirements:

     1The judicial power can only be exercised by the judicial organs of national unity

     ②The judicial organs to exercise judicial power is not affected by any administrative organs, social groups and individuals, only obey the law.

     ③The judicial organ shall strictly abide by justice, legal justice.

     ④The judicial power is to be certain of supervision and restraint.

(4Judicial)ResponsibilityThe principle of the judicial power, as the legitimate rights and interests of citizens, legal persons or in the process of social organization should bear the responsibility principle causes serious consequences.

     The specific understanding:

     1Legal liability is the principle of the rule of law based on the combination of power and responsibility and proposed a power constraint mechanism.

     ②The combination of judicial power and judicial responsibility can enhance the judicial organ and its staff's sense of responsibility, prevent illegal judicial.

(5) principle of justice, should adhere to the principle of fairness and justice is the judicial organs and their personnel process and results in the judicial activities.

     The specific understanding:

     1Should adhere to the principle of procedural justice, the judicial process fair, this is justice first must content, but should be prior to substantive justice.

     ②To achieve substantive justice, namely the judicial result justice, to ensure maximum substantive justice based on the program of justice.

3Five major principles, this is judicial authority must adhere to in the judicial process, which ensures the correct use of judicial power.

 

Three, the rights and obligationsLawThe core category

1, broadly speaking, the law is based on rights and obligations as the mechanism to adjust the relationship between human behavior and society, law, rights and obligations of each link in the phenomenon of law logic relation of all departments and legal operation of all category.

2The specific understanding:

(1) the rights and obligations is the legal norms and legal relations elements in each link of logic in relation to legal liability.

Rights and obligations are the core of the legal norms;

Rights and obligations are the key elements of legal relationship;

Legal liability is the violation of rights or breach of duty caused by secondary obligation.

(2All departments) the rights and obligations in law.

    From the constitution to the linePolitics and law, civil law,The criminal lawSo, procedural lawInternational LawAll throughout the rights and obligations.

(3The whole process of operation) and operation rights and obligations through the law.

    From the legislation, law enforcement, law-abiding, judicial and legal supervision are as the rights and obligations.

(4The rights and obligations) performance comprehensively and realize the value of the law.

The rights and obligations is the means of realizing the value of law

Change the relationship of rights and obligations of law value

3, to sum up, the rights and obligations are the core of the concept of law, should be based on the rights and obligations as the core category of construction of ContemporaryChinaThe system of legal theory.

 

Four, the interest of litigation

1, meaning: refers to the necessity and effectiveness should be filed by the parties in court litigation, judgment on the suit.

2Properties:, there are different views

  Point one: is the condition for the exercise of the right of appeal.

  Point two: is the litigation, which is the requirement of court judgments.

3Content: includes two aspects, the protection of the rights and interests of the protection of the rights of content qualification.

(1Qualification: belongs to the protection of the rights of)CivilArea jurisdiction has the qualification.

(2) interest rights protection: it is necessary to party with the interests of justice.

Do not have the right to protect the interests of the state:

1 The parties have to the court, prosecution again

②The court has made an effective judgment and in respect of the same claim prosecution

③The provisions of the law shall not be prosecuted within the period of prosecution

④Both sides of the arbitration agreement

4Three types of litigation, the respective interest of action

(1) confirmation interests: to now as a basis to judge

     Principle: the object of legal relation is controversial

     Exceptional circumstances: true or false can also be used as a confirmation of interest.

(2Payment of interest of action):

     Now the litigation of payment: debt repayment period party has the interest of claim

     Future litigation of payment: the existence of the future can not fulfill the obligations of the benefit of litigation

(3The formation of the benefit of litigation):

     Asked the court to change legal relationship already exists;

     Change allowed by law.

 

Five, res judicata of civil judgment

1Res judicata, meaning: after the court decision to determine the force, divided into formal determining effect and essentially determine the force.

  (1) force determined formal: effective judgment can not be revoked or altered, unless by special way.

  (2) capacity is determined essentially: the litigants and the court verdict was affected by the binding, the parties concerned on the contrary content after the proceedings in the court proceedings, in the future also can not make a conflict with the judgment.

  (3) binding effect of res judicata is mainly for future action.

2, the objective scope of res JudicataThe verdict: on which legal relationship or entity requests a binding.

A The objective scope:

(1) the objective scope of res judicata principle on the limited to have determined the final judgment in the litigation, namely the decision right or legal relationship to have judgment is res judicata, and the right or legal relationship is claimed by the plaintiff in the words in the debate program.

(2) judgments as to the reason for judgment

(3) the claim or defense of facts and legal effect is not res judicata.

B Part of the request and the objective scope of res judicata:

(1Whether to allow the plaintiff to sue) for the rest of our country at present: not allowed

(2In the case of v.) the rest of the plaintiff does not allow, pre litigation about determination of creditor's right decision for action part of the request is res judicata.

C
Application of the objective scope of res judicata force exception: a request that offset each other up whether the judgment, if the court is contained in the text of the judgment, to offset the claim part of res judicata.

D After the damages and the objective scope of res judicata:

Generally speaking, before litigation judgment on cannot predict the sequelae of damage based on the request is not res judicata.

3, subjective scope of res Judicata: judgment is res judicata on what subject.

A Principle: res judicata only binding on the request and the relative parties, while the opposite party has no res judicata.

B Exception:

(1) successor parties from the litigation department after

(2For a party or its successors) the interests of the subject matter of action of possession

4, the time scope of res Judicata: res judicata judgment standard, namely to confirm the relationship of rights and obligations which one time.

(1The scope of res judicata) standard: blocking res judicata is as the standard method of attack and defence claims and facts, rather than as a litigation claim claim.

(2Definition:) when civil law will trial of fact end of word debate as the judgment standard.

(3) standard effect: the court judgment is not res judicata effect on standard after the fact.

 

Six basic principles of commercial law

(a) principles of commercial law is the basic principle of commercial law, unique across all legal norms.

(two) including:

1Main business: strict, legal principle reflects the law of public law components

(1Legal types)

(2) legal content

(3Public law)

2The principle, even bargain:

(1) transaction subjects with equal status

(2Honesty and credit)

3The protection principle, transactions

Embodied in the:

(1) business behavior must be adopted to type behavior and the meaning of behavior, such as interactive computing and notes

(2) short-term prescription extinctive prescription ", such as the right of bill

(3The finalization) trading rules -- right securitization, such as stocks, bonds, bills, insurance policy

4The principle, to protect the safety of transactions:

Embodied in the:

(1Force Doctrine): if the articles of incorporation of absolute recordation, the absolute recordation, insuranceThe contractThe matter should be recorded

(2Publicity:) such as company registration announcement, announcement of registration system of ships

(3) appearance:

    1 The company set up after the registration matters not registration or registration of alteration and not for change of registration, not by matters against the third person.

    ② Form a partnershipEnterpriseIn the silent partner in the implementation of partnership affairs, if any contrary agreement, for third people still bear the responsibility of business people.

    ③ The bill rights and obligations contained completely in literal prevail.

5The principle, encourage transactions:

(1The basic principle of commercial law) by promoting trade

(2Effectiveness of the largest possible) maintain transaction

(3The maximum possible remedial opportunity) to provide transaction behavior, such as the bankruptcy reorganization.

6The protection principle, autonomy in management:

Concrete embodiment:

(1) the parties may choose the company form of organization, business scope, company dying way

(2) of a negotiable instrument can choose paper form, payment of the object

(3) insurance can choose the insurer, insurance, insurance etc..

(three) should be write protected trade convenient, safety principles and protect the self operating principles of the commercial law in the general.

 

Seven, company law cases

 

 

Civil law

Analysis: the topic distribution for the general one, two, two of property rights,TortTogether.

Three kinds of legislative mode, publicity system

Two, the effectiveness of joint mortgage

Three, pay off balance

Four, breach of contract form

Five, tort liability and defenses

Six, abuse of authority prohibited