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Civil Litigation Research Letters

Author: ChenZuoFen
Tutor: HuHongGao
School: Fudan University
Course: Legal
Keywords: Litigation Letters and Visits System dilemma Path of reform V. visit to separation Retrial of the complaint
CLC: D926
Type: Master's thesis
Year: 2011
Downloads: 183
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Abstract

Recent years, with political and economic structural reform the further deepening of, hidden in society deep contradictions being intensification, coupled with legal and institutional's is not perfect, in resolving the social contradictions in the process in the presence of blank, directly led to the various forms of Letters and Visits. In the Here, the author want to explore is Letters and Visits in the one kinds special category of - Litigation Letters and Visits. Chinese Letters and Visits problems have become increasingly to become a serious social problem, arouse people's attach importance to, the relevant and Litigation petition system Theoretical Study on the is also gradually strengthened, and achieved certain effects. This article the integrated use of norms and combines the experience of analysis, historical analysis, comparative analysis research methods, from a and Litigation Letters and Visits's Origin, Current Situation, problems, genesis and other aspects to proceed, right our country's and Litigation letters and visits problems are discussed, and for the these problems proposed a reform and perfecting our country and Litigation petition system comments and suggestions. Article altogether is divided into five chapters, each chapter contents of the as follows: The first chapter yes right and Litigation Letters and Visits an overview of the. First introduced the and Litigation Letters and Visits as well as other Letters and Visits concepts, and Yu complaint, apply for carry out retrial, etc. in practice easy to confuse The concept of conducted a a Differentiation and Analysis. The next respect of its classification conducted a exposition and, stated the and Litigation Letters and Visits the historical origins and Its in the modern evolution of the process. Second chapter made reference to the the Supreme Court calendar year work report, \three aspects of Its Forming Reasons conducted a dissect: fundamental reason lies in judicial injustice, trial quality is uneven; System Reason for lies in retrial institutional design unscientific, civil litigation law revision also failed to achieve the desired results; In addition, the ordinary populace have Naive's moral consciousness, the legal literacy insufficient is also the and Litigation Letters and Visits the problem the formation of the important reasons. Third chapter first introduces the and Litigation Letters and Visits the field of principal institutional constitute and at the present stage in practice the Court's processing approach. Then focuses expounded and Litigation Letters and Visits's Institutional Predicament that this regime predicament manifested as and Litigation Letters and Visits the administrative logic and the judicial between the logic the fundamental different: the will be administrative logic's and Litigation Letters and Visits embedded into the judicial regime that existed, is a functional upper 's error positioning, will inevitably lead to the Court's operation mechanism disorders. Finally expounded and Litigation Letters and Visits with the modern Judicial Concept Conflict: From the with procedural justice, judicial independence, judicial authoritative, judicial finality, etc. aspects of the conflict conducted a expounded. The fourth chapter introduces the offshore with the and Litigation Letters and Visits a similar system design, the foothold on being able to to solve Chinese practical problems the basis for on top of, the use of comparative analysis method, rational understanding of and Litigation Letters and Visits the pros and cons, in order to and Litigation petition system consummate to provide viewing angle, method and the path selection is and reference. Fifth chapter analyzes the and Litigation Letters and Visits reform path and perfection approaches. Fundamental way out yes put and Litigation Letters and Visits issues into to the the rule of law orbit to solve them. The implementation of v. visit to separation, tectonic retrial of the complaint regime. The same time, on the \And to civil retrial should implement compulsory lawyer agency system conducted a preliminary's exploration.

Civil Litigation Research Letters

Abstract

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