Charles Explorer logo
🇬🇧

Current issues of civil and criminal proceedings: a focus on recodification of Civil Procedure in the light of the principles of democracy and the rule of law

Publication at Faculty of Law |
2016

Abstract

This collective monograph is the result of research of the large team of academicians and students (the postgraduate as well as the graduate study programmes). The uniqueness of this research project consists in the multidisciplinarity of its approach.

The Czech legislator have - among other urgent asignments - the task to prepare a recodifications of both civil and criminal proceedings regulations. The role of the doctrine/jurisprudence in that situation is to stipulate the foundation and the aims of the recodifications, as well as the means how to achieve pursued aims.

The subjects of the research were therefore the fundamental questions of both procedures. The both spheres - civil and criminal proceeding - were uniquely interconnect in this research project by the common scope, which is the esteem to the principles of the democratic and rule of law governed state.

The methods of the research were a.o. the analysis of the law, its historical roots, de lege ferenda considerations, the analysis of the decision making of the courts and the legal comparison.