Problems And Solutions Of The Civil Retriat Procedure Of China

The civil case discusses again procedure is assize the court of the people that procedure again to have produced effect to take up, It is a part of civil case in court system inside indispensability of a constitute .This text passes to discuss again the procedure to investigate institutionally with analyze to the current civil case of our country, seeing through the irregularity that current civil case discuss again system esse, exploring the reason of formation many irregularities, combining to draw lessons from to prosper the national successful lawmaking in market economy experience, trying to look for an keeping up with our country that cans be fair and resolve the short cut that discuss again the problem in time.This text has a foothold to analyze in the fulfillment, with an eye to resolve the theories problem and to offer consults. Full text have three parts : The first part, our country civil case discusses again the basic principle of the procedure.Discussed to discuss again the concept of the procedure and discuss again first the procedure inspect with judgment the procedure to review the relation of the procedure with the second.Discussing again the procedure is a verdict to point the court of the people,or the party concerned think that court of the people has taken place since judge the dint effect, justify and intermediation agreement contain mistake but bring up or apply for to discuss again, from court of the people by law to a litigation for applying procedure for case to proceed take up.Discussing again the procedure includes the judgment direct procedure, judging to inspect the procedure to just discuss again with the party concerned application a kind of way that be juxtaposed that launch discuss again the procedure, it is important to discuss again the procedure to constitute the part, but can't with discuss again the procedure etc. together.And two review the procedure with discuss again the procedure too is to have strictly discriminating.Two review procedure is usually take up the case procedure, have to review the class system independently.Discussing again the procedure is two kinds of litigations procedure that the kind that the after the event rectifies the procedure, do not have the class of review, and also not is necessarily through the procedure, two is entirely different.Clear and definite above differentiation, can more deep geography the solution discusses again the theories of the procedure with practice the meaning.Discussed to discuss again the function of the procedure the next in order.Discuss again the procedure to have to the falsely assize of producing effect the function contain mistake that gives relief, rectify the function judge, sets up the judicial authority.Also should control to discuss again the procedure moreover negative a, discuss again the procedure disadvantage in the stability that civil case relate to, the disadvantage sets up in the judicial authority. The second part, the current civil case in our country discusses again the problem of the procedure esse.According to the our country the people tells the provision of the method, court of the people with people is a main power to start to discuss again.The court of the people launches to discuss again from seeing formally, benefitting to the court that guarantees the fair judge, benefitting to the litigation right that protect the party concerned, but substantially, court of the people the conduct and actions brings up the corpus that discuss again, disobeying the private method autonomy principle, disobeying the party concerned right freedom the punishment the principle.The direct purpose of the civil case in court is a standard to solve the dispute, its worth a target is fair with the performance, but for whether to attain purpose or not with measure the worth a dimensions, court with the party concerned to may be inconsistent. If the court takes no account of the circumstance of the party concerned but bring up to discuss again according to the job power, disobey the principle that in the center judge, is mutually self-contradict with the kind of the judicature, that may deviate the purpose of the civil case in court with the value, affect the judicatory and fair, authority,...