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On the improvement of the civil appeals system

Author: YuCaiHui
Tutor: XiaoJianHua
School: China University of Political Science
Course: Procedural Law
Keywords: Civil Appeals Value function Remand System design Second instance of Final Appeal
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 148
Quote: 1
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Abstract


Civil appeal system as a system to correct the first instance erred as a starting point , is embodied in all times and different historical periods and legal systems . Although its history in which environmental and social systems , but it have different specific performance , but no matter what the litigation system , the appeal has some commonality - that is the appeal system should contain the value and function . I believe that , from the perspective of jurisprudence , the reason why such functions and values ??are universal , because of its litigation activities in line with the internal law , and summarized the scientific connotation of the appeal system . Departure from such functions and values ??of the view of civil appeals system is bound to find some improvement . In China, the appeal system is to exist in fact or law applicable on the objections, the parties for the first instance the referee brought to seek their judgments , at the higher level people's court for review in accordance with statutory procedures . Civil appeal system in China has a long history of development , since the implementation of the new Civil Procedure Law , China has gone through a major reform of the socio-economic and political system , many social basis for the existence of the law has changed dramatically . The level of Legal Studies , jurisprudence, sociology , and some of the specific system of research , a large number of absorbing foreign advanced research results , and actual situation in China , conducted a review of many of the traditional concepts and theories . These changes will inevitably require corresponding improvements in the civil appeals system . In this article, the author summarizes the main current system of civil appeals , the value and functions of the civil appeals system should be pursued by a brief introduction to the advanced experience of foreign civil appeals . On this basis , the author analyzes some of the specific design of the current civil appeal system does not meet the functions and values ??of the civil appeals system , and targeted to put forward their own improvements .

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