程序法為實現實體權利的途徑,⺠事訴訟法即為解決⺠事私法上實體權利義務爭議,以兼顧當事⼈的程序正 義為旨⽽設,本課程設計的⽬的在於延續實體法之學習,透過熟悉⺠事訴訟的實務運⽤及體系,藉由案例的分析及闡釋,結合實體法與程序法,以奠定同學⽇後從事法學實務的能⼒。下學期延續上學期訴權學說之討論,接續討論訴訟標的理論及⺠事訴訟程序從開始審理到終結所經過的攻擊防禦以及⾔詞辯論程序,先解釋程序設立的⽬的及理論基礎,以實務上的操作及判例為主,期建立學⽣實體法與訴訟法⼀貫的體系,另⺠事訴訟法歷經重⼤修正,本課程亦著重新舊法的變⾰,以利同學了解⺠事訴訟法改⾰的⽅向及新舊法的區別。Procedural law is the way to realize substantive rights, and civil procedure law is to resolve disputes about substantive rights and obligations in private civil law. It is designed to take into account the procedural justice of the parties. The purpose of this course is to continue the study of substantive law. , through familiarity with the practical applications and systems of civil litigation, through the analysis and interpretation of cases, and the combination of substantive law and procedural law, to lay the foundation for students' ability to engage in legal practice in the future. The next semester will continue the discussion of the theory of litigation rights in the previous semester, and continue to discuss the theory of the subject of litigation and the attack, defense and oral debate procedures from the beginning to the end of the civil litigation procedure. The purpose and theoretical basis of the establishment of the procedure will be explained first, and the practical Focusing on the operations and jurisprudence on the subject, it aims to establish a consistent system of substantive law and procedural law for students. In addition, the Civil Litigation Law has undergone major revisions. This course also focuses on the changes in the old and new laws to facilitate students' understanding of civil litigation. The direction of legal reform and the difference between the old and new laws.
⺠事訴訟法要論(楊建華著,鄭傑夫增訂);⺠事訴訟法(呂太郎著)
Essentials of Civil Procedure Law (written by Yang Jianhua, updated by Zheng Jeff); Civil Procedure Law (written by Lu Tailang)
評分項目 Grading Method | 配分比例 Grading percentage | 說明 Description |
---|---|---|
期中考期中考 midterm exam |
35 | 筆試 |
期末考期末考 final exam |
35 | 筆試 |
平時成績平時成績 usual results |
30 | 上課出席及平時小考。 |