{"title":"一般法律原则在现代民事诉讼中的社会作用","authors":"M. N. Zarubina","doi":"10.18572/1812-383x-2021-4-3-7","DOIUrl":null,"url":null,"abstract":"In this article the author analyzes the problems that might arise with implementation of the general legal principles in the civil process. The point is made about the enormous social role of these principles and their special influence on the development of the entire procedural legislation. Based on the research of modern scholars, as well as the conclusions of judicial practice, signs of general legal principles are proposed: universality, normativity, imperative, discretion and temporality. Of particular importance for civil and administrative legal proceedings, according to the author, are such general legal principles as democracy, humanism, legality, equality and justice.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"15 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Social Role of General Legal Principles in the Modern Civil Procedure\",\"authors\":\"M. N. Zarubina\",\"doi\":\"10.18572/1812-383x-2021-4-3-7\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In this article the author analyzes the problems that might arise with implementation of the general legal principles in the civil process. The point is made about the enormous social role of these principles and their special influence on the development of the entire procedural legislation. Based on the research of modern scholars, as well as the conclusions of judicial practice, signs of general legal principles are proposed: universality, normativity, imperative, discretion and temporality. Of particular importance for civil and administrative legal proceedings, according to the author, are such general legal principles as democracy, humanism, legality, equality and justice.\",\"PeriodicalId\":254727,\"journal\":{\"name\":\"Arbitrazh-Civil Procedure\",\"volume\":\"15 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-04-08\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Arbitrazh-Civil Procedure\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18572/1812-383x-2021-4-3-7\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Arbitrazh-Civil Procedure","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18572/1812-383x-2021-4-3-7","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Social Role of General Legal Principles in the Modern Civil Procedure
In this article the author analyzes the problems that might arise with implementation of the general legal principles in the civil process. The point is made about the enormous social role of these principles and their special influence on the development of the entire procedural legislation. Based on the research of modern scholars, as well as the conclusions of judicial practice, signs of general legal principles are proposed: universality, normativity, imperative, discretion and temporality. Of particular importance for civil and administrative legal proceedings, according to the author, are such general legal principles as democracy, humanism, legality, equality and justice.