Rebuiltment Of The Procedure Jurisdition Supervision

The cival procedure for Trial Supervision is the important part of cival procedure in our country and it's remediable procedure of the cival procedure for Trial .Because the trial objects are the judgment and order which have taken legal effect, the cival procedure for Trial Supervision has its own characteristics.Because the provision of the cival procedure for Trial Supervision is so principled in the current civil procedure law that civil case judgment direct procedure of provision too principled, judgment procedure not integrity, not tight, cause court of the people judgment practice medium discuss again procedure have no the procedure can follow and caused "the party concerned don't stop to report, the court of the people be infinite to discuss again" etc. irregularity.This text commence from the combine of theories and practice, rightness current civil case judgment direct the procedure carried on judgment, and put forward heavy Gou civil case judgment direct procedure of instruction thought, basic principle and reform path.In addition to preface, the full text be total cent six part.First, the our country is current civil case judgment direct procedure of main characteristics.This part analysis judgment direct procedure of general characteristic, our country current civil case judgment direct procedure of lawmaking present condition, and carried on evaluation to this present condition.Second, current civil case judgment direct blemish and irregularity of the procedure analysis.This part to current civil case judgment direct procedure of lawmaking instruction thought and value the mindset carried on analysis, and detailed enumerate to appear line civil case judgment direct procedure of various blemish.Third, civil case judgment direct procedure of existence value analysis.This part was thorough analysis civil case judgment direct procedure have of right succour of the function of function and power check and supervision, and point out to positively discuss again procedure can maintenance judicatory authority, push judicatory progress, then argument judgment necessity that inspect procedure's existence.Forth, west rule of law in of discuss again system and apocalypse.This part is from discuss again origin of matter and bring up to discuss again of the term, discuss again of rule over a court and discuss again it to tell of the effect etc. the introduction the west the rule of law of discuss again system design and it rightness perfect our country discuss again system of draw lessons from meaning.Fifth, perfect civil case judgment direct the basic principle of the procedure.This part detailed discuss perfect our country civil case judgment direct system should persistence practical and realistic, correct a wrong principle by law;Proper procedure justice principle;The maintenance take effect to judge since judge the principle of dintSixth, civil case judgment direct system reform of path origin part with perfect discuss again the basic principle of procedure for instruction, point out perfect our country the civil case discuss again procedure should establishment with the party concerned tell power for foundation of the system of "discuss again it tell", discuss again system according to legal origin of matter, restriction check the Cha hospital discuss again direct power of system, in time application discuss again of system, application discuss again not stop performance of system and legal judgment direct procedure reviewing system, thus for heavy Gou civil case judgment direct the procedure put forward reform path.