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The Research on Accepting and Hearing Civil Cases under Trial Again of Gansu Supreme People & Apos;s Court

Author: FuZuoHua
Tutor: LiuZhiJian
School: Lanzhou University
Course: Legal
Keywords: Civil Procedure to modify Civil application for retrial Trial Practice Problem Proposal
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 84
Quote: 0
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Abstract


October 28, 2007 , the thirtieth session of the Tenth NPC Standing Committee adopted a decision on amending the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the \Apply for a retrial under the civil cases occurring on a large scale , apply for a retrial poor access to masses complaint difficult \give a more comprehensive legal protection , but also to the people's court for retrial review the work of a new and higher requirements . Since the implementation of the new Civil Procedure , the people's court than to amend receive and review the work of the civil application for retrial before with what changes ? Trial practice , what are the problems and difficulties ? What good practice ? Inquiries Act , comparative analysis method , factor analysis , statistical analysis , case study method , combined with the Gansu Provincial Higher People 's Court civil application to the retrial case acceptance review of trial practice conducted a survey of the above questions . The paper is divided into five parts . The modify the retrial of former civil application system outlined in the first part of Civil Procedure defects lead to the problem and recalling the Provincial Court civil application for retrial v. visit , regardless of the actual . The second part from SETTLED BY review , processing results , the retrial before the understanding and application of the Civil Procedure amended Provincial Court civil application for retrial to handle the review of research . The third part of the main civil application for retrial acceptance review controversial issues , and the different treatment advice . The fourth section summarizes the major difficulties facing civil apply for a retrial of the case acceptance review . The fifth part of the combination of the author's work practice, and propose solutions to the difficulties countermeasures and suggestions . The author attempts to sort out the situation and problems in the People's Court Civil Procedure modified admissible in a civil application for retrial review by this research , thinking about how to build a system of review procedures suitable for the practical operation of the retrial on the basis of existing legislation , in order to benefit the civil review of the application for retrial .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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