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Research on the System of Civil Retrial Procedures

Author: ZengJianBin
Tutor: QiShuJie
School: Xiamen University
Course: Legal
Keywords: retrial procedure value orientation suit for civil retrial
CLC: D925.1
Type: Master's thesis
Year: 2007
Downloads: 105
Quote: 0
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Abstract


Civil retrial system is an important part of Chinese civil lawsuit system. But as there are some limitations in the legislation Chinese civil retrial procedure, which results in many problems in the actual judicial practice of Chinese civil retrial system and unfulfilment of legislation purpose, the study of civil retrial system becomes popular in the Chinese academic and law circle. Through discussing the theory and analyzing the practice, the thesis paper proposes some suggestions on civil retrial procedure.There are five chapters in the paper excluding the introduction and conclusionThe first chapter is a summarization of civil retrial procedures. In the beginning the paper talks about the relations between civil retrial procedures, adjudication supervision procedures, application for retrial and appeal. Then it introduces briefly the basic framework of the ongoing civil retrial procedures. Finally, through the study of Chinese civil retrial cases of recent years, it analyzes and rethink profoundly the existing problems in the civil retrial procedures.The second chapter simply introduces the present situation of the legislations of civil retrial procedures of several countries. Through introducing the newest legislation of civil retrial procedure and summarizing the common practices in continental law system representing countries like France, Germany and Japan and Anglo-American law system representing country America, the paper gives a reference to our civil retrial procedure.The third chapter analyzes the value orientation of the civil retrial. procedure Firstly, through studying the function of civil retrial procedure, the paper poses a view that the core function of civil retrial procedures is to relief. Then from the view of basic value of civil retrial procedure, through introducing the main idea of judicial fairness, adjudged force, procedural benefit, it brings forward the right order of value orientation should be procedure stabilization, substantive fairness, procedure fairness and procedural benefit.The fourth chapter analyzes the main sponsor of civil retrial procedure, proposes to revoke the right to claim civil retrial procedure to build a retrial system which put the re-appeal of party in the first place and the counterappeal of procuratorate in the second place.The fifth chapter, from the perspective of the design of the procedure of retrial, focuses on the retrial party, reason and procedure.The paper counts 46000 words.

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