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The Research About The Procedural Problem Of The Civil Trial Supervision

Posted on:2003-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:J F YaoFull Text:PDF
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Procedure for trial supervision is a measure and method that must be obeyed when a case should be properly handled, which is only aimed at the case that has possessed legal effect. but still has errors too. The procedure for trial supervision will correct such case through a trial again. As an error-correcting procedure, the procedure for trial supervision is not a necessary adjudicative procedure for every case, but a legal form to realize trial supervision. The procedure for trial supervision Plays an unsubstituted important role in protecting the people's legitimate rights and interests, and safeguarding judicial justice. The Present procedure for civil trial supervision for our country refers the pattem of the soviet Union, which over emphasizes state intervention; and emphasizes that "truth" is discovered by court instead of by state. Thus, there are many problems in practice, which are showed in four aspects, such as, indefinite subjects, indefinite reasons, indefinite time and indefinite grades of trial. Therefore, the present procedure for trail supervision is criticized by both theoretical circles and practical circles. The criticism is endlessly quibbled over details; and is lack of a kind of systematical instruction of theory. While the criticism ignored procedural Vance orient that must be obeyed in devising retrial procedure. The criticism coming from the practical circles possesses certain utilitarianism flavors.According to the national conditions of China, what kind of procedure for civil trial and supervision shall we consider on earth? Which procedural value shall we consider when reestablish the civil retrial procedure of our country? Starting with the puzzle and inspection of reality and theory of the procedure for trial and supervision of our country, this paper put forward that the value of procedural justice, procedural benefit and procedural security should, be fully considered when reestablish the retrial procedure through comparing with the civil trial procedure with other countries; and analyses several problems should be handled in order to realize the procedural value mentioned above. Moreover, it raises preliminary advice to standardize and perfect the civil retrial procedure of our country. The purpose of this paper is to perfect the civil retrial procedure of our country by guiding others come up with valuable opinions.
Keywords/Search Tags:Civil retrial, Procedural justice, Procedural benefit, Procedural security
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