How to understand the principle of equal legal status of parties

How to understand the principle of equal legal status of parties? The principle of equality includes: 1. All parties to the contract have equal legal status; 2. Both parties to the contract must fully negotiate the terms of the contract; The rights and obligations in the contract are equal. Second, the principle of equality: the principle of equality in civil law means that in civil activities, the legal status of civil subjects is equal, and all parties with civil subject qualifications should follow such guidelines in their actions in civil activities. The principle of equality in China's civil law is the attribute of today's commodity economic law and the basic principle of modern legal system. Although the class nature is different in contemporary human society with different class attributes in different countries, in different civil legal systems, the principle of equality is the guiding ideology of legislation and the basic principle of adjusting commodity relations. Third, the application of the principle of equality of subjects in civil litigation: Article 8 of China's Civil Procedure Law stipulates: "The parties have equal rights." When trying civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights, and all parties are equal in the application of laws. It is generally believed that this is the principle of equal litigation rights in China. These principles are divided into three categories: first, the rights that both parties enjoy and can exercise. For example, entrusting an agent, applying for withdrawal, collecting provided evidence, applying for property preservation, providing new evidence in court, requesting re-investigation, appealing, applying for retrial or execution, etc. Second, although it is enjoyed by both parties, the litigation rights that need to be accompanied by both parties to produce legal consequences include requesting mediation, self-reconciliation, cross-examination, etc. Third, one party's exclusive litigation rights include giving up, changing the litigation claim and withdrawing the lawsuit, while acknowledging, refuting the litigation claim and counterclaiming are exclusively enjoyed by the defendant. 1, the litigation status of both parties is completely equal; 2. The holder of substantive rights and the undertaker of substantive obligations have equal litigation status; 3. Both parties have equal opportunities, facilities and means to exercise their litigation rights; The people's court shall protect and treat the litigation rights equally.

Concept of equality principle of parties 1. 1 concept of equality principle.

The so-called principle of equality means that all parties have equal legal status in all civil activities, and no party can impose its will on the other. Article 3 of the General Principles of Civil Law stipulates: "The parties have equal status in civil activities." This clearly stipulates the principle of equality of subject status.

1.2 Status of the principle of equality

1.2. 1 The principle of equality is determined by the nature of social relations adjusted by civil law.

The principle of equality embodies the essential characteristics of civil law in adjusting social relations. To adjust the property relations and personal relations between equal subjects, it is inevitable to require the law to give them equal status.

1.2.2 The principle of equality is the first principle of civil law.

Without equality, there would be no civil relations, and there would be no civil law. "Everyone is equal before the law" is the basic requirement of socialist legal system.

[Edit this paragraph] 2. The concrete manifestation of the principle of equality

1, the legal status of civil subjects is equal.

1. 1 The subject qualifications (i.e. legal personality) of civil subjects are equal. Article 10 of the General Principles of Civil Law stipulates that all citizens have equal capacity for civil rights.

1.2 In a specific civil legal relationship, the parties have equal status, regardless of rank.

2. Civil subjects enjoy equal rights and assume obligations according to law.

The parties may establish, change and terminate the rights and obligations of both parties through equal consultation.

3. The legitimate rights and interests of civil subjects are also protected by law.

When the legitimate rights and interests of any subject are infringed, the parties may request legal relief.

4. The civil liability of civil subjects is equal.

The scope of civil liability of any civil subject is based on the principle of equivalent compensation, and there is no relationship between punishment and sanctions between the parties in civil relations.

The legal significance of the principle of equality of parties in civil procedure law The principle of equality of litigation rights of parties refers to the equal enjoyment and exercise of litigation rights of parties in civil litigation.

According to the provisions of the Civil Procedure Law, the principle of equal litigation rights of the parties includes the following three basic contents:

(a) the parties enjoy equal litigation rights. The equal enjoyment of litigation rights by the parties refers to the equality of "litigation attack" and "litigation defense" in civil litigation. Neither party can enjoy the litigation rights superior to or more than the other party. Only by giving both sides equal rights and equal opportunities can we maintain the equal progress of "attack" and "defense" in civil litigation activities.

(2) The parties have equal litigation status in litigation. Equality of litigation rights and obligations of the parties means that the litigation status of the parties in the litigation is equal, and there is no difference due to the social status, economic status, education level, nationality and other factors of the parties. The litigants are equal in litigation status, enjoying equal litigation rights and assuming equal litigation obligations, and giving them equal opportunities to exercise their litigation rights.

(three) to ensure and facilitate the equal exercise of litigation rights by the parties. First, legislative protection. As the guiding principle of legislation, the principle of equality of litigation rights should be embodied in the relevant systems and specific norms of the civil procedure law, so as to concretize this principle and provide legal basis for the parties to actually enjoy and exercise their litigation rights equally. Secondly, in judicial practice, the people's court should provide guarantee and convenience for the parties to exercise their litigation rights equally. It is the duty of the people's court to ensure that both parties exercise their litigation rights equally according to law and create and provide equal opportunities and conditions for them to exercise their litigation rights, which is also an important guarantee for realizing the principle of equality of litigation rights.

How to guarantee the principle of equal litigation rights of parties? Article 8 of China's Civil Procedure Law stipulates that parties in civil litigation enjoy equal litigation rights. When trying civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights, and all parties are equal in the application of laws.

The above principle stipulated by law is the principle of equal litigation rights of the parties.

1, ensuring equal litigation status of both parties.

Equal litigation status means equal litigation rights and obligations. In civil litigation, litigants have different names, such as plaintiff, defendant, third party, etc., but their litigation status in the litigation process is equal, regardless of advantages or disadvantages or high or low. Both parties in civil litigation enjoy equal litigation rights and assume equal litigation obligations in civil litigation. The litigant rights of the parties are equal, which is manifested in two situations in civil litigation: first, both parties enjoy some of the same litigant rights, such as the right to entrust an agent, apply for withdrawal, provide evidence, request mediation, debate, appeal and apply for enforcement; Second, both parties enjoy some equal litigation rights, such as the plaintiff's right to file a lawsuit and the defendant's right to refute and counterclaim. Litigation rights and obligations correspond: both parties enjoy equal litigation rights and undertake equal litigation obligations, for example, both parties should exercise litigation rights, perform litigation obligations and abide by litigation procedures according to law. Of course, due to the different roles of the parties in litigation, in some cases, they bear different litigation obligations, and the consequences of not fulfilling their litigation obligations are also different. Therefore, whether from the perspective of litigation rights or litigation obligations, the equal litigation status of both parties does not mean that the litigation rights or litigation obligations are exactly the same.

2. The people's court guarantees the parties to exercise their litigation rights equally.

It is the duty of the people's court to ensure that the parties exercise their litigation rights equally. The people's court is in a leading position in civil litigation, which plays an organization, leadership and decision-making role. It is the duty of the people's court to ensure the equal realization of litigation rights of the parties. The Civil Procedure Law of China stipulates that the plaintiff and the defendant have equal rights and obligations. On the basis of equality in legislation, the people's courts create equal opportunities for the parties to exercise their litigation rights, require the parties to perform their litigation obligations equally, and shall not be partial or discriminatory to either party.

3. All parties are equal in the application of law.

All litigants, regardless of nationality, race, sex, occupation, social background, religious belief, education level, property status and residence period, are equal in the application of laws. All citizens, without exception, should abide by the law, enjoy the rights and fulfill the obligations stipulated by the law. The legitimate rights of all parties should be protected and all illegal acts of all parties should be punished.

On the principle of equal litigation rights of the parties, it originated from the Declaration of Human Rights during the French bourgeois revolution in the 8th century. At that time, the French bourgeoisie put forward the slogan of "everyone is equal before the law", and all people enjoy equal rights and assume equal obligations in law, so in civil litigation, the litigation rights and obligations of the parties are also equal. This equality of litigation rights has played a certain progressive role in the bourgeois anti-feudal struggle. With the establishment of the bourgeois dictatorship, the legal equality covered up the de facto inequality.

In socialist China under the people's democratic dictatorship, the system of exploitation has been eliminated and the exploiting class has disappeared, which has created an important premise for realizing the constitutional principle of "all citizens are equal before the law". All citizens' civil rights are equal, and the litigation rights as a means to protect substantive rights are naturally equal. If the litigation rights of the parties are not equal, it will inevitably affect the equality of substantive rights.

Article 5 of China's Civil Procedure Law (Trial) stipulates: "The parties shall be guaranteed to exercise their litigation rights equally." There is no difference because one party is the plaintiff and the other party is the defendant. The plaintiff and the defendant enjoy equal litigation rights, which is manifested in the fact that both parties have the right to entrust agents (see agents ad litem); Everyone has the right to apply for withdrawal, provide evidence, argue (see the principle of debate), request mediation, file an appeal (see the appeal procedure) and apply for enforcement; With the permission of the people's court, except those involving state secrets and personal privacy, anyone can consult the trial materials of this case and request to copy the trial materials and legal documents of this case at his own expense.

The principle of equal litigation rights embodies socialist democracy. No one can restrict or deprive the people of this democratic right. The principle of equal litigation rights requires the people's court to provide equal opportunities for both parties to exercise their litigation rights in the process of hearing civil cases, and requires both parties to have the opportunity to clarify their claims and demands in court. If they are not allowed to fully exercise their litigation rights, the judgment made will violate the procedural law. The people's court at a higher level may revoke this judgment according to law and send it back to the people's court that originally tried it for a new trial.

The people's court must provide equal opportunities for both parties to exercise their litigation rights, not only to one party but not to the other, nor to give more or less. The people's court should also inform the parties of their litigation rights and obligations and the consequences of implementing or not implementing a certain litigation act, so that they can exercise their litigation rights according to law, and the lack of legal common sense will not affect the exercise of litigation rights.

The principle of equal litigation rights applies to all parties, not only to individuals, but also to enterprises, institutions, organs and groups; It applies to both Chinese and foreign countries. Article 186 of China's Civil Procedure Law (for Trial Implementation) stipulates: "Foreigners and stateless persons have the same litigation rights and obligations as China people and China citizens when suing and responding in people's courts"; Foreign enterprises and organizations shall enjoy litigation rights and undertake litigation obligations in accordance with the provisions of this Law when they bring a lawsuit or respond to a lawsuit in a people's court. If the country where the foreign party is located restricts the litigation rights of China citizens and China enterprises and organizations, the People's Republic of China (PRC) People's Court shall also take corresponding measures according to the principle of reciprocity (see treatment of foreigners).

* * * There are principles such as: the principle that civil trial power is exercised by the people's court; The principle that people's courts try civil cases independently according to law; The principle of taking facts as the basis and law as the criterion; The principle of equality in the application of law to litigants; The principle of litigation in national languages; Principle of procuratorial supervision.

1, principle of equality

The principle of equal litigation rights of the parties refers to that in civil litigation, the parties enjoy and exercise their litigation rights equally. This principle includes the following two aspects: on the one hand, the parties in civil litigation enjoy equal litigation rights; On the other hand, the people's court should provide necessary guarantee and convenience for the parties to exercise their litigation rights equally as stipulated by law.

2. The principle of equality and reciprocity

The so-called principle of reciprocity of litigation rights and obligations means that citizens, enterprises and organizations of one country enjoy the litigation rights and bear the litigation obligations stipulated by the laws of another country equally with citizens, legal persons and other organizations of other countries when conducting civil litigation in other countries.

The so-called principle of reciprocity of litigation rights and obligations means that if the judicial organs of one country restrict the litigation rights of citizens, enterprises and organizations of other countries, the judicial organs of other countries can also restrict the litigation rights of citizens, enterprises and organizations of that country. The principle of reciprocity and the principle of reciprocity in litigation are closely related and inseparable. They are two sides of the same problem, the former is a means and the latter is an end. In today's complicated international exchanges, only by "restricting the coming and going" can we achieve the goal of mutual respect and equal treatment among sovereign countries.

3. The principle of voluntariness and legality

The principle of voluntariness and legality in court mediation means that people's courts should conduct mediation in accordance with the principle of voluntariness and legality when trying civil cases; If mediation fails, a judgment shall be made in time. This principle includes the following three aspects: first, when trying civil cases, the people's courts should try their best to close the case by mediation; Second, the people's court must follow the principle of voluntariness and legality in mediation; Third, if mediation fails, it should be decided in time and not delayed for a long time.

4. Debate principle

The principle of civil litigation debate means that under the auspices of the people's court, the parties have the right to state their opinions and basis on the facts of the case and controversial issues, and refute and defend them.

This principle includes the following contents: first, the subject of debate is limited to the parties and their agents ad litem; Second, the form of debate includes written and oral; Third, the content of the debate should mainly focus on how to deal with the substantive issues of the case and the focus of disputes between the two sides, but it also includes the procedural issues involved in the case.

The principle of debate in civil procedure is different from the principle of defense in criminal procedure: first, they are based on different foundations; Secondly, the content and scope of the debate between them are different; Third, the defendant can file a counterclaim against the plaintiff in civil litigation, so that the two sides can exchange litigation status; The defendant in criminal proceedings is always in the position of trial, so he can't file a counterclaim against the public prosecutor, and there is no question of exchanging litigation status with the public prosecutor.

5. The principle of punishment

The principle of punishment in civil litigation means that the parties have the right to freely control their civil rights and litigation rights within the scope permitted by law.

This principle includes the following specific contents: first, the right of disposition is limited to the parties in civil litigation, and other participants in litigation do not enjoy the right of disposition; Second, the object of the parties' right of disposition includes their civil rights and litigation rights according to law.

The principle of punishment is implemented in the whole process of civil litigation, which is mainly reflected in the following aspects: first, the punishment behavior of the parties is directly related to whether the civil litigation procedure can be started; Second, the disciplinary actions of the parties have an important impact on the development and termination of the proceedings; Third, the scope and method of trial protection should generally respect the wishes of the parties.

6. Support the principle of prosecution

The principle of supporting prosecution means that organs, social organizations, enterprises and institutions can support the injured units or individuals to sue the people's courts for acts that harm the civil rights and interests of the state, the collective or the individual.

According to the provisions of the Civil Procedure Law, supporting prosecution should meet the following three conditions: first, there must be infringement that harms the civil rights and interests of the state, the collective or the individual; Second, the people who have the right to support the prosecution are limited to organs and social organizations, excluding individuals; Third, the injured have not yet been prosecuted.

7, the principle of people's mediation

The principle of people's mediation means that the people's mediation committee mediates civil disputes under the guidance of the grassroots people and the grassroots people's courts, according to the law and the principle of voluntariness. In conducting mediation, the People's Mediation Committee must follow the following three principles, namely, the principle of legality, the principle of voluntariness and the principle of respecting the litigation rights of the parties.

It is of great significance for people's courts to solve civil disputes through mediation. First of all, it is a fine tradition and successful experience of China people's judicial work; Secondly, it conforms to the nature and characteristics of civil disputes and the objective needs of correctly solving contradictions among the people; Third, it is conducive to solving disputes quickly and thoroughly, maintaining the unity between the parties, simplifying litigation procedures and saving time and expenses.

8. The principle of independent trial by courts

The judicial power of civil cases shall be exercised by the people's courts. The people's courts try civil cases independently in accordance with the law and are not subject to interference by administrative organs, social organizations or individuals.

How to understand the equality of personality and legal status depends on the knowledge and quality of China people!

How to correctly understand the principle of equality of parties? First, the basic work of the research topic-collecting data. Candidates can collect information from three aspects: consulting materials in libraries and reference rooms, doing field research, experiments and observations. The more specific and detailed the information collected, the better. It's best to list the bibliography and detailed plan of information you want to collect. First of all, when consulting materials, we should be familiar with and master the classification of books, be good at using bibliographies and indexes, and skillfully use other reference books, such as yearbooks, abstracts, catalogues, charts, etc. Secondly, we can get the most authentic, reliable and abundant first-hand information by doing field investigation and research. The purpose, object and content of investigation and study should be clear. Survey methods include: general survey, key survey, typical survey and sampling survey. The methods of investigation are: meeting, interview and questionnaire. Finally, about experiment and observation. Experiment and observation are the basic ways to collect scientific data and obtain perceptual knowledge, and are the practical basis for the formation, production, development and testing of scientific theories. This method is often used in the research of science and engineering, medicine and other majors, and should be carefully and comprehensively recorded when using this method.

Second, the key work of the research topic-research data. Candidates should comprehensively browse the collected materials and adopt different reading methods for different materials, such as reading, selective reading, research and so on.

Third, the core work of the research topic-clarifying arguments and selecting materials. On the basis of studying the data, candidates put forward their own views and opinions, and establish basic arguments and sub-arguments according to the topics. Put forward your own views and highlight new ideas. Innovation is the soul, and you can't just repeat predecessors or follow others' advice. At the same time, we should also prevent the tendency of being greedy for perfection, fearing incompleteness and repeating existing knowledge in large sections, so as not to reflect the characteristics and achievements of our own research.

Fourth, the key work of the research topic-writing. Pay attention to the following two aspects when writing: quasi-outline and basic format.

Fifth, the guarantee work of the research topic-revision and finalization. Through this link, we can see whether the writing intention is clearly expressed, whether the basic arguments and sub-arguments are accurate and clear, whether the materials are properly used and convincing, whether the arrangement and argumentation of materials have logical effects, whether the structure of large and small paragraphs is complete and natural, whether the sentences and words are correct and appropriate, and whether the article conforms to the norms.

The principle that everyone is equal before the law shows that all parties are equal in (). D. Equality in application, but not absolute equality in legislation.

The principle of equality in civil law means () everyone is equal before the law; b men and women are equal; c the status of the parties in civil legal relations is equal; d the result of civil activities should be equal; and the principle of equality in civil law means ().

A. Equality before the law

B. Gender equality

C. Equality of parties in civil legal relations

D. Equality of results in civil activities

Correct answer: C.

If you can give detailed information, you can give a more detailed answer.

How to understand that the principle of equality before criminal law is a basic principle clearly stipulated in our criminal law? The meaning of this principle is that anyone who commits a crime, regardless of his family background, social status, professional nature, property status, political outlook and ability, should be investigated for criminal responsibility by applying the criminal law equally, and no one is allowed to have the privilege above the law. The principle of equality before criminal law requires: (1) equal conviction, and no one can be convicted of a misdemeanor or felony because of the identity and property of the offender; (2) Sentencing should be equal, and some criminals cannot be sentenced to heavy or light sentences because of their different identities; (3) The execution of punishment should be equal, and criminals should not be treated differently because of their different identities and status.