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The Improvement Of The Civil Retrying Procedure Of China

Posted on:2011-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:X C FengFull Text:PDF
GTID:2166360305491575Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the procedure of civil litigation, the procedure of civil retrying is a remedial procedure which is independent of common trial grade and the final defense for guaranteeing the interests of the party. The scholars in China have been engaged in diversified researching in the procedure of civil retrial for many years in order to make the system of civil retrial in China scientific and rational. On October 28,2007, the Decision on Revising "the Civil Procedure Law of the People's Republic of China" by the Standing Committee of National People's Congress was adopted at the thirteenth meeting of the Standing Committee of the Tenth National People's Congress. On November 10,2008, the Judicial Interpretation of the Supreme People's Court on Several Issues Concerning the Application of "the Procedure for Trial Supervision of the Civil Procedure Law of the People Republic of China" was adopted at the 1453 meeting of the Judicial Committee of the Supreme People's Court.According to the judicial interpretation, the system of civil retrial in China has been revised greatly. Though the revision is significantly progressive, it is still incomplete. In the thesis, the author begins with the introduction of the concept and characteristics of the procedure of civil retrial, then makes comparative research in the procedure of civil retrial abroad. Based on these contents, the author discusses the procedure of civil trial supervision and puts forwards the long-term expectations and short-term proposals on improving the procedure of civil trial supervision in China.
Keywords/Search Tags:The procedure of civil retrial, the doctrine of the party, res judicata, litigation for retrial, causes for retrial
PDF Full Text Request
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