The Study On Civil Misjudged Cases In China

Since the reform and opening up, China's civil litigation has made significant progress.People's right consciousness enhances unceasingly. people's thought of shame sues and hating sues is changing.The quantity of civil cases in our country rise too.Under the current judicature system and in the situation that many questions in court have not been solved radically, total quantity of the civil misjudged cases must increases along with absolute quantity of the civil case increases.The first part of this paper describes an overview of the status,characteristics and hazards of the civil misjudged cases. Now the quantity of the civil misjudged cases and the rate they occur is high. Although the harm that the civil misjudge do to lantigants is less than the criminal misjudge cases do. The civil misjudge case do hazard to the lantigants, at the same time the social relationships are not stable at a long time.And they are reducing the authority of law.In the second part of the paper a detailed analysis of the reasons that civil misjudged cases occur has been done. The occur of the civil misgudge cases is a result that many complex reasons interacted. The reasons are as follows:There are errors in fact finding; can not properly handle the relationship between justice and efficiency; the judges'quality of the ideological and moral is low and their professional quality is low too; some irrational factors are in the trial process and so on.The third part of the paper discusses some measures that prevent civil misjudged cases occur. To prevent civil misjudged cases occur effectively,we should mainly take the following measures:improving the judges'ideological moral and professional quality;perfecting China's civil mediation system so that it can fully play its role; improving our civil system; constructing a sound system of investigation about duties; improving the supervision function of the news media,and so on.The fourth part of the paper provide some relief measures. When one civil misjudged case occur,it can be corrected through the appeals procedure. But there are many flaws in our current appeals procedure. I propose we should draw upon the U.S. federal appeals court system to construct our supervison system of the appellate court,and improve its supervision function. In addition, when a wrong award or judgement comes into operation, it can be corrected through re-trial procedure. But currently the re-trial procedure is just s relief measure that can be taken after the misjudge has been done.Now the re-trial procedure plays its supervision role.At the same time we should enhence the daily supervision function of the procuratorate and the National People's Congress in order to strengthen the course relief.In this paper, a systematic analysis has been done to reduce the rate of civil misjudged cases occur through improving the quality of judges; perfecting the judicial system; perfecting the civil litigation system;perfecting the duty system of investigation;and through the second trial or retrial procedure the do relief to civil misjudge cases. Only in those ways can we provide legal protection to make China's economic maintain steady and rapid development,and can we better maintain social harmony and stability.