Research On Relief System Of Civil Ruling

In terms of contents, civil ruling is divided into ruling on litigation elements, litigation command, executive routine and non-contentious procedures And whether a ruling is correct concerns about vital interest of the parties and other litigants, so we should pay attention not only to its supervenience, but also to its independence, substantiveness and conclusiveness. However, due to the influence of traditional litigation and trial concept, Chinese courts usually focus solely on the results of dispute resolution, and prefer to solve disputes through field research and by the means of mediation and informal method according to cases condition.The author studies and discusses about the contents, values and types of relief means of relief system of civil ruling in detail by means of history, value and comparison, and then introduces the relevant rules of foreign relief system of civil ruling and further makes evaluation and analysis. On this basis, this thesis puts forward the initial conception to perfect relief system of civil ruling in China, namely, to structure system of ruling dispute, system of ruling counterappeal and relief means of organic link with permitted retrial ruling system.This thesis includes five chapters besides Introduction and Conclusion as follows.1. Overview of relief system of civil ruling. This chapter first introduces the connotation of ruling, and shows the connotation system of ruling by layers through perspective and reconsideration of the connotation of ruling. Then it analyzes the connotation and features of the relief system of ruling. in order to protect and relieve their legitimate rights. After that, this thesis analyzes in detail the internal basis and systematic functions of the relief system of civil ruling, and explains preliminarily the weakness of the relief system of civil ruling in China.2. Perspective and analysis of relief system of civil ruling. First, this chapter introduces relevant rules of relief system of civil ruling in the countries and areas concerned through a comparison home and abroad in this field, and finds the similar systems out of the complicated relief rules, via, diverse methods of relief and relevant measures to avoid abusing rights coexist.appeal and retrial which deviate from the procedural protection and judicial economy, and puts forward the theoretical foundations to structure the relief system of ruling, namely the correct orientation linked with lawsuit right guarantee, which carries the concepts of procedural protection and realizes the lawsuit justice and procedural economy. After an evaluation of existing programs for perfecting relief system of ruling, the main viewpoint of this thesis appears that China should structure protection system of rights by combining systems of ruling reconsideration, appeal and retrial.3. Structure and feasibility of counterappeal of civil ruling. This chapter starts with the theory viewpoints and rules in Germany, Japan and Taiwan in China, and points out the connotation of counterappeal. Then the author deepens the knowledge of counterappeal by comparing with procedure for appeal due to dissatisfaction from the judgment. Secondly, this thesis explains systematically the necessity to set up procedure for ruling counterappeal and analyzes the basic structure in this procedure.4. the establishing and apply of civil ruling objection system. Because of the similar existence of ruling consideration system and ruling objection system in our country, this paper considers that consummating the ruling consideration system by the instruction of ruling objection system. The part provides a systemic analysis to the meaning of ruling objection system, also compares with the ruling resistance system in order to highlights the characteristics of ruling objection system.It also proposes connection mechanism between ruling objection system and ruling resistance system.5. The establishing and apply of civil suit retry procedure. This part firstly analyzes the meaning and value of retry procedure, pointing out that in order to achieve the value of substantive justice and grand procedural justice, the retrial procedure has to make certain sacrifice of procedure arrangement to the invariability and economical function of procedure. It reveals the basic summary of ruling which has to de novo from its cause, duration the establishing of trial standards.