诉讼突袭的法律规制研究(1)VIP专享VIP免费

山西大学2010届硕士学位论文诉讼突袭的法律规制研究作者姓名张冠卿指导教师马爱萍教授学科专业诉讼法学研究方向民事诉讼法培养单位法学院学习年限2007年9月－2010年6月二○一○年六月ShanXiUniversityDissertationforthe2010’sMaster’sDegreeResearchontheLegalControlofLitigationSurpriseNameZhangGuanqingSupervisorProf.MaAipingMajorProcedureLawFieldofResearchCivilProcedureLawDepartmentLawSchoolResearchDurationSeptember,2007—June,2010June,2009目录引言······································································································6一、诉讼突袭的界定·················································································8（一）诉讼突袭的内涵与成因·····································································8（二）诉讼突袭的本质与构成要件······························································101.诉讼突袭的本质···················································································102.诉讼突袭的构成要件·············································································12（三）诉讼突袭的特征与表现形式······························································151.诉讼突袭的特征···················································································152.诉讼突袭的表现形式·············································································16二、诉讼突袭法律规制的必要性·································································26（一）诉讼突袭破坏当事人双方的攻防平衡··················································26（二）诉讼突袭浪费有限的司法资源，降低诉讼效率······································27（三）诉讼突袭动摇司法权威····································································282（四）诉讼突袭损害当事人程序主体性························································30三、诉讼突袭法律规制的法理依据······························································30（一）诉讼的正义性················································································30（二）诉讼的经济性················································································33（三）诉讼秩序的安定性·················...