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Retrial Procedure for the New Civil Procedure Law Thoughts

Author: CaoGuangZuo
Tutor: WuShengJian
School: East China University of Political Science
Course: Legal
Keywords: Retrial before Retrial jurisdiction Initiated Retrial Subject
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 395
Quote: 4
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Abstract


In recent years, the Civil Retrial Procedure reform has been a hot research theorists and practitioners. Civil Retrial Procedure research articles abound, scholars and legal practitioners a matter of opinion, from a different perspective of retrial procedure reform put forward their point of view, the voice of retrial procedure reform has been high. Finally, on October 28, 2007, by a vote of the Tenth NPC Standing Committee 30th meeting, 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 \date of implementation. The revision mainly been criticized in judicial practice has long been the complaint is difficult and difficulty in enforcement \Modify the results of the Civil Procedure Law, the modification of the retrial of absorption of the theoretical circles in recent years academic achievements, reference to the extra-territorial, especially civil law state-of-the-art civil retrial system, combined with China's specific national conditions, legal provisions more reasonable than the old provisions, more operational, contains more advanced legislation guiding ideology, the results of its modified worthy of recognition. However, because the changes are not comprehensive, system modifications, still leaves a lot of legislative loopholes and flaws, reserved for future overhaul of the Civil Procedure Law to be perfect. This paper is against the new Civil Procedure for retrial part of the changes, several focus discussed the meaning of the new Civil Procedure modify the contents of these sections, the possible impact of the new requirements, and what areas need improvement. This article is divided into four chapters, the first chapter of retrial legislation overview, including the previous retrial legislation, meaning; The second chapter discusses the expansion of the scope and effect of the new Civil Procedure retrial before the first new retrial before the contents, meaning and disadvantages are discussed, and then analyze the retrial before increasing the impact of res judicata, then retrial before the impact of the increase of second instance is final, and in comparison Western countries tiered System on the basis of, the proposed our country to establish a three-tiered System preliminary ideas. Chapter retrial under the jurisdiction of and response. The author first analyzes the changes and meaning of the parties apply for a retrial under the jurisdiction of the provisions, and then describes the court triggered by the parties apply for retrial under the jurisdiction of the provisions of the change and its impact on China's four functions of the Court assigned, and finally change the jurisdiction of the Court of First Instance standards response. The fourth chapter is a discussion of the diversification of the initiation of retrial, China initiated retrial diversification shortcomings, and more research on the basis of civil law countries have initiated Retrial Subject initiated retrial body is limited to the parties to the legislative proposals .

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