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 physical rights. The case-related lawsuit law is to solve the problem of practical rights disputes in private law, and to consider the parties' procedural justice for the purpose. The purpose of this course is to continue the learning of physical law, through familiarity with the practical use and system of lawsuits, and through case analysis and explanation, combining physical law and procedural law to lay the ability to learn practical affairs in the future. The discussion on the argumentation of the right to the first school period will be discussed in the next school period, and the argumentation procedure will be discussed from the beginning of the review to the attack and defense procedures and verbal discussion procedures that have been completed. First, the purpose and theoretical basis of the procedure are explained to implement the The main operations and precedents are the main operations and precedents. The system of students' physical law and prosecutions is established, and the prosecutions will be significantly revised. This course also revises the old method to help students understand the direction of the reform of the prosecutions and the difference between the new and old method.
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)
⺠The law of complaints must be discussed (by Yang Jianhua, added by Jung Jung); ⺠The law of complaints (by Kotaro)
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 Regular achievements |
30 | 上課出席及平時小考。 |