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Building The Procedure Of Taking The Third Instance Of The Civil Litigation As The Final In Our Country

Posted on:2008-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:S XuFull Text:PDF
GTID:2166360215475307Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The level of trial is very vital to the overall civil procedure system. Nowadays the systemof taking the third instance as the final is the common practice for level of trial throughout the world,from which is the worthwhile learning for us. On basis of using overseas experiences of advancedlegislation and their operating modes for reference in combination with the practical conditions inChina, the paper puts forward the detailed conceptions on building the procedure of taking the thirdinstance of the civil litigation as the final in our country. The paper consists of six episodes as follows:In the first episode, the author presents the basic contents and value pursuit of civil appeal andtrial system. The episode begins with jurisprudence, defines the basic contents of civil appeal and trialsystem and elaborates the three value objectives that civil appeal and trial system looks for. The secondepisode introduces the current situation of Chinese civil appeal and trial system and its analysis onreasons. The author finds the basic reasons behind the defects that China's judicature system has,which proves the necessity of building the procedure of taking the third instance of the civil litigationas the final in our country.In the third episode, the author presents the feasibility analysis on building the procedure oftaking the third instance of the civil litigation as the final in our country. It is very feasibile thatbuilding the procedure of taking the third instance of the civil litigation as the final will not wastejudicature resources, on the contrary, promote the harmonious development in political, economic andcultural fields on cost basis.The fourth episode points out the significances of learning from the advanced experiences ofoverseas legislation. We shall use overseas advanced experiences of legislation for reference whilebuilding the scientific system of the third instance of the civil litigation.In the fifth episode, the author introduces the detailed conceptions of building the procedure oftaking the third instance of the civil litigation as the final in our country. As the core part of the paper,the episode designs the detailed nature and function, initiating, accepting, heating and trial of the caseand sets the necessary limitation for the third instance, which not only helps to achieve functions itself,but optimizes judicature resources and realizes justice as well.The last episode aims to establish the limited retrial system based on taking the third instance ofthe civil litigation as the final. Judicature reform shall be realized on condition that the systems ofretrial and final are effectively linked up. The episode puts forward the conception of building appealfor reheating cases and limited retrial system.
Keywords/Search Tags:Procedure of taking the third instance, The system of taking the third instance, The level of trial, Appeal and trial system
PDF Full Text Request
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