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The Study on Civil Misjudged Cases in China

Author: GuoHongXia
Tutor: ZhangHaiYan
School: Shandong University
Course: Legal
Keywords: The facts of the case found Efficiency Mediate The second trial Retrial
CLC: D925.13
Type: Master's thesis
Year: 2010
Downloads: 67
Quote: 0
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Abstract


Since the reform and opening up, China's civil litigation has made significant progress, increasing awareness of people's rights, people Shames v., tired v. thinking is changing, in a sharp rise in the number of the filing of civil cases in China. In our current judicial system, have yet to be fundamentally solved many problems of our Court case, the total amount of the civil wrong case occurred also with the increase of the absolute number of civil cases increased. The first part of our civil misjudged cases Overview civil wrong case exists in China the status, characteristics and hazards. Moment my civil wrong case to the high incidence of occurrence of large quantities. Although the civil wrong case no serious wrong criminal cases against the interests of the parties, but it at the same time against the parties interests of the social relations not long-term stability and reduce the authority of the law. The second part of this paper detailed analysis of the causes of our civil wrong case. Generation of civil wrong case is complex, the result of the interaction of a number of reasons, mainly: the facts of the case identified the error, failed to properly deal with the relationship of fairness and efficiency, the arbiter of the ideological, moral and professional qualities, as well as some irrational factors in the trial process and so on. The third part of the paper discusses the the precautions my civil wrong case. I believe that to be effective in preventing a civil wrong case produce, mainly from the following aspects: to improve our judges ideological, moral and professional qualities: Perfecting the Civil Mediation System, give full play to the role of the mediation system; improve our civil justice system and the litigation system; build a sound misjudged case investigation system and play to the supervisory role of the news media. The fourth part of the thesis discusses the the remedies my civil wrong case. After the emergence of the civil misjudged cases can be corrected through the appeal procedure. However, China is currently the second trial program, there are many defects. Recommendations draw on the federal appeals court system in the United States Court of Appeals for the establishment of our review system to improve the function of the court of second instance trial supervision. In addition, the entry into force of the civil referee can be corrected through the retrial procedure, but the retrial only belong to the post-relief. Moment give full play to retrial the existing legal oversight function at the same time, the People's Procuratorate and the day-to-day supervision of the National People's Congress should be strengthened in order to strengthen a matter of relief. Misjudged cases of Civil systematic analysis in order to improve the quality of judges, and to improve the judicial system, civil system, wrong case investigation system, measures to reduce the incidence of civil wrong case; through the second trial, retrial, national compensation program for civil wrong case relief work. Only this, in order to maintain stable and rapid development of China's economic judicial protection, but also to better safeguard social harmony and stability.

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