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The Civil Retrial program reform

Author: CaoZuoMing
Tutor: ZhangWuSheng
School: Fudan University
Course: Legal
Keywords: Retrial Procedure Subject retrial Procedure for trial supervision Remodeling
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 424
Quote: 4
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Abstract


Civil Retrial Procedure as a special remedial program other than the two-tier appellate system, has an important role in safeguarding the legitimate rights and interests of the parties and to protect the fairness of the national judicial activities. Civil Retrial System in China's reform has been a hot research theorists and practical. 28 mesh October 2007, after the thirtieth meeting of the Tenth National People's Congress Standing vote, by the decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China \The revision focused on judicial practice has long been criticized the complaint difficult \The new Civil Procedure Law modifying the retrial part, from the the Civil Retrial system characteristics and historical development of start, a comparative study of the provisions of the relevant foreign retrial system, a detailed analysis of the new Civil Procedure Law of the retrial system reform. And Civil Retrial System further improvement were discussed in depth. The paper is divided into four parts: the first part: our civil retrial procedure outlined. This chapter briefly introduces the concept, characteristics and significance of the Civil Retrial System. By comparison with the concept of trial supervision procedures to define the concept of civil retrial procedure. Unlike the Civil Retrial Procedure, the characteristics of the second trial procedures, as well as civil retrial procedure to realize the significance of the course of justice right to relief, the trial supervision. Part II: Civil Retrial Procedure, Comparative Law. Civil retrial procedure of civil law countries and common law countries error valid judgment relief program. And analysis of common content, a reference to the reform and improvement of the Civil Retrial Procedure. Part III: Civil Retrial Procedure Status and Problems. From the background of the reform, analyzes the specific content of the Civil Retrial reform, and reform after the problems were discussed. The revision mainly legal reasons for the retrial retrial jurisdiction level, do revise and improve the retrial application procedures, but there are still inadequacies such as retention Court retrial decision. Part IV: Reconstruction of the Civil Retrial Procedure. Establish the reform of the Civil Retrial Procedure philosophy based on specific ideas to improve the civil retrial procedure. Proposed transition mistakes must be corrected \

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