By Alan Uzelac (auth.), Alan Uzelac (eds.)
This publication is a set of papers that tackle a primary query: what's the position of civil justice and civil approach within the a variety of nationwide traditions within the modern global? The publication provides extraordinary ameliorations between more than a few international locations and felony traditions, but in addition issues to universal tendencies and open concerns. It brings jointly fashionable specialists, pros and students from either civil and customary legislation jurisdictions. It represents all major felony traditions starting from Europe (Germanic and Romanic international locations, Scandinavia, ex-Socialist nations) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). whereas addressing the most factor – the targets of civil justice – the booklet discusses the main topical matters concerning the functioning and potency of nationwide structures of civil justice. those comprise matters resembling discovering the ideal stability among actual fact-finding and the precise to a good trial inside of an affordable time, the processing of challenging instances and the functionality of civil justice as a particular public provider. within the mosaic of contrasts and oppositions distinctive position is dedicated to the ongoing conflict among the individualistic/liberal procedure and the collectivist/paternalistic method – the conflict during which, probably, paternalistic traits regain momentum in a few modern justice systems.
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Extra resources for Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems
Sample text
Subsequently the following issues are discussed with regard to Austria (including references to German law): (1) matters within the scope of civil justice, (2) civil procedure as a tool to protect private rights and public interests, (3) the tension between procedural efficiency and the ‘search for the truth’ in civil proceedings, (4) access to the supreme court and its role in the system of civil justice, (5) proportionality between case and procedure, (6) complex and multi-party litigation, (7) substantive justice and the principle of legality, (8) case processing and problem solving as co-existing goals of civil justice, (9) the costs of litigation and (10) the user’s perception.
The motivation for loosening strict formal requirements is at least in part to bring nearer the attainment of the goal of substantive and equitable results, as the intention of the reforms is to prevent the parties from using the rules of civil procedure to twist the result in their favour on formal grounds. 9). 9 Problem Solving v. Case Processing The contrast between the goal of substantive justice and the goal of strict legalism is mirrored in another opposition of values. The authors of this book were invited to comment on how their national civil justice systems and their main actors predominantly view their purpose and aim – whether they regard the administration of justice as an activity that should focus on finding adequate solutions to the problems underlying the disputes or whether, on the contrary, the main systemic goal is to efficiently process the cases within their jurisdiction, engaging the least amount of effort and expense.
5; Murray and Stürner 2004: 4; Rauscher in Rauscher et al. 2008: Einl para. 8). Consequently, enforcement of individual rights forms one of the main goals of civil justice. At the same time, the existence of an effective enforcement mechanism affects the level of compliance with legal norms in society at large. It might, therefore, also be argued that the legal order proves itself through civil proceedings (Bewährung der Rechtsordnung) and is implemented thereby (Brehm in Stein and Jonas 2003: vor Sec.