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On China's current system of Civil second instance commuted back with problems and solutions
Author: ZhongHuiSong
Tutor: YangChunHua
School: Jinan University
Course: Legal
Keywords: Civil Second trial system Problem Solve
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 66
Quote: 0
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Abstract
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Under the current provisions of the Civil Procedure Law , the second trial in civil court of second instance can maintain the original verdict , but also according to remand or commuted after ascertaining the facts . In judicial practice, the trial judge and the second trial judge experience , cultural background and understanding of law is different , even the case of outside causes the first instance cases are superior court is not very good reason , and even trumped reason commuted or sent back retrial situation have occurred. This situation exists not only appeal system can not be achieved due effect , but also allow the trial judge handling the case back \will still exist \shaping the modern law and order , to shake people 's faith in the law . In this article, the author worked in their own units ( Huidong County People's Court ) for nearly three years back , and I commuted to the data in the discussion or in case after case for the material, piece of a jigsaw to empirical method to analyze the operation of the Civil second instance in Practice problems , in-depth analysis of its causes and roots , which made the idea of ??solving the above problems and countermeasures , in order for the future benefit of judicial practice as well as legislation .
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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