Dissertation > Excellent graduate degree dissertation topics show

Civil Retrial System Research

Author: HuangZhiYong
Tutor: ZhangZuo
School: Xiamen University
Course: Legal
Keywords: Remand Trial level benefits Procedural safeguards
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 222
Quote: 3
Read: Download Dissertation

Abstract


Remand in the current judicial practice of constant controversy for digestion remand in fuzzy theory and practice of confusion in the existing civil legislative framework, this paper, the basic theory of civil litigation , to explore the legitimacy of remand theoretical basis, in order to correctly understand and apply the remand system . In addition to full text preface and conclusion , is divided into four chapters: the first chapter , remand legislation and its application difficulties. First introduced China's current legislative and judicial interpretation on the provisions of the second instance proceedings remand , and then examines the remand system is not self-sufficient existence statute logical flaws , the decisive factor for remand beyond the statutory grounds , resulting judicial practice caught insurmountable dilemma . Chapter II , remand Basis of legitimacy . This chapter from the remand as the essential procedural relief system to inspect property that the legitimacy of its existence lies in the interests of the parties of the procedural safeguards , and then weigh the justice and efficiency , and from the civil Theoretically, the current judicial interpretation rules on comparative law analysis and investigation of the layers , and ultimately concluded that safeguard the interests of the parties of the trial level , it is the function of positioning and remand legitimacy lies. Chapter remand theoretical clarification . Analysis of the remand two systems function, namely one maintenance trial level system , the need to restore order in the trial stage ; second is to achieve procedural safeguards , the parties need to self-responsibility mechanism . This chapter also remanded in theory and practice for the errors made ??comments and feedback . Chapter IV , remand Practice Research . Explore how to implement the basic legitimacy of remand judicial practice, the analysis of the trial level and its impact on the interests of facts or procedural problems due to remand the impact of judicial practice , endorsed strict sent back view , advocated the trial of the parties class interests made ??more stringent limit , a better balance between justice and efficiency .

Related Dissertations

  1. The Research about Remand a New Trail in the Field of the Criminal Procedure of Second Instance,D925.2
  2. The Report of the Civil Cases Remanded on Hebi Courts,D926.22
  3. Property preservation Remedy Procedure,D915.2
  4. On the claims trial omissions relief,D925.1
  5. Legal Guarantee of the Right to Vote,D911
  6. The Research of the System of Civil Service,D915.2
  7. Study on the System of Sending Back for Retrial in Criminal Procedural Law,D915.3
  8. On the burden of proof in civil proceedings,D915.2
  9. Of illegal evidence for the effectiveness of research in criminal proceedings,D915.3
  10. On Law Principles and Processes in Professional-title Evaluation for College Teachers,D922.16
  11. The Procedural Protection of Criminal Defense,D925.2
  12. On the government information disclosure system of protection of trade secrets,D922.294
  13. The program backflow of the Criminal,D925.2
  14. Study on the preservation of the system of civil litigation in the behavior,D925.1
  15. Procedural safeguards Civil Litigation under the Vision Research Letters,D926
  16. On the Procedural Safeguards of the Parties’ Rights to Gather Evidence,D925.1
  17. Civil action in the parties' evidence collection system,D925.1
  18. On the Procedural Safeguard of the Right to Appeal,D925.1
  19. Nominal effective implementation of human expansion and procedural safeguards,D915.2
  20. Clarify rights : basic perspective and Establishment,D915.2

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
© 2012 www.DissertationTopic.Net  Mobile