Civil Retrial System in China for a long time been criticized , there are complaints difficult , hard to apply for a retrial , unlimited retrial Final Adjudication Not Final dra" />
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Reform Study of Civil Retrail Procedure in China

Author: WeiYanLi
Tutor: YeYongLu
School: Shanghai Jiaotong University
Course: Legal
Keywords: Civil Retrial Retrial Value orientation Transform
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 143
Quote: 0
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Abstract


Retrial' dissertation">Civil Retrial System in China for a long time been criticized , there are complaints difficult , hard to apply for a retrial , unlimited retrial Final Adjudication Not Final drawbacks to solve the above problems , the Civil Procedure Law , amended in 2007 , \is to improve the procedure for trial supervision . Modification of the Civil Procedure Law and relevant judicial explanation , for the protection of the rights of the parties apply for a retrial , to solve the problem \Civil Retrial System made ??more substantial changes , but the changes do not very thorough paper attempts retrial procedure basis of theoretical analysis , comparative analysis, and related systems abroad for the drawbacks of the Civil Retrial process with the root causes , proposed some reform ideas and vision, to be beneficial to the improvement of the retrial procedure . Text composed by three parts of the introduction, body and conclusion . The body is divided into four chapters : the first chapter of our civil retrial procedure outlined . Introduced the concept of civil retrial procedure , by comparison with the procedure for trial supervision concept to define the concept of civil retrial procedure , civil retrial procedure . The second chapter of the Civil Retrial Procedure Comparative Law . In this section , the study of the civil retrial procedure of civil law countries and common law countries error valid judgment relief program to analyze the common content , as well as learn from the reform of the Civil Retrial Procedure . The existence of the problem and its root causes in the third chapter of our civil retrial procedure . Existing legislation and implementation process of the civil retrial procedure , such as the start of the main multi retrial subject , such as and then reveal the retrial system problems rooted value select imbalance , the retrial procedure positioning is not accurate , the tradition of long-term weight entity , light program \the guiding ideology of the judiciary , the legal system of supervision and confusion. The value of the fourth chapter of the Civil Retrial System concept and concrete ideas . Value targets of the Civil Retrial Procedure repositioning ; cancel start the retrial procedure the Court to protect the person's right to appeal , as only Procuratorate protest outside the scope of the main established parties - the establishment of the parties to the Prosecutor's Office to apply for a retrial determined by the Procuratorate for examination whether to enter the real system of proceedings retrial payment of legal fees .

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