PLACES AND FUNCTIONS OF CIVIL PROCEDURAL LEGAL RELATIONS IN THE MECHANISM OF CIVIL PROCESSING REGULATION

L. V. Didenko
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Abstract

INTRODUCTION The study of various theoretical aspects of civil procedural relations has always been the focus of procedural scientists. For many years, since the Soviet period, scientists have carried out both comprehensive studies of the theory of civil procedural relations, and studied the individual issues of nature and characteristics of the elements of their structure (subject composition, content, object). However, not many scholars have conducted the analysis of civil procedural relations as elements of civil procedural regulation today. Therefore, the further development of civil procedural relations requires not only the general theoretical establishment of its essence, but also the definition of a role in the mechanism of civil procedural regulation. Such a study will also reflect the state and problems of the development of modern theory of civil procedural legal relations, since being the main way of realizing the rights and obligations of participants in civil proceedings, at the same time are an element of a much more complex formation – the mechanism of regulation. Therefore, much attention should be paid to the study of the place and functions of civil procedural relations in the mechanism of civil procedural regulation and their interaction with other constituent elements.
民事诉讼法律关系在民事诉讼规制机制中的地位和作用
民事诉讼关系各理论方面的研究一直是诉讼学家关注的焦点。自苏联时期以来的许多年里,科学家们既对民事诉讼关系理论进行了全面的研究,又对其个别问题的性质及其构成要素(主体构成、内容、客体)的特征进行了研究。然而,目前将民事诉讼关系作为民事诉讼规制要素进行分析的学者并不多。因此,民事诉讼关系的进一步发展不仅需要对其本质进行一般性的理论确立,还需要对民事诉讼规制机制中的作用进行界定。这样的研究也将反映出现代民事诉讼法律关系理论发展的现状和问题,因为诉讼法律关系是民事诉讼参与人权利义务实现的主要方式,同时也是一个更为复杂的构成要素——规制机制。因此,研究民事诉讼关系在民事诉讼规制机制中的地位、作用及其与其他构成要素的互动关系是十分必要的。
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