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Comments On Further Improvement To The Civil Retrial Procedure Of China

Posted on:2011-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z FanFull Text:PDF
GTID:2166360305491661Subject:Law
Abstract/Summary:PDF Full Text Request
The retrial procedure is specially established to correct mistakes in valid judgments, protect litigants'legitimate right and maintain the inviolability of the laws as well as the authority of courts. On October 28,2007, the tenth NPC Standing Committee adopted the revised decision on People's Republic of the Code of Civil Procedure, making a significant reform on civil retrial system. The revised Code of Civil Procedure is superior to the previous acts. However, compared with the retrial system of other countries, the revised one is not yet ripe. Even worse, it led to some new conflicts and problems while being exercised. In fact, there are some disadvantages in the revised procedure. Therefore, we should continue rethinking the civil retrial procedure of our country in terms of idea and system so as to find out the disadvantages by drawing on the experiences of foreign developed countries in their trial and retrial procedures, rebuilding the civil retrial procedure of our country.In addition to the Introduction at the beginning and the Conclusion in the end, the paper has another four parts. In the first part, the author introduces the civil retrial procedure of China, illustrating its basic concept, characters, the evolution and the advantages of the revised civil retrial system of our country. The second part deals with the legislations related to the civil procedure abroad. By comparing the regulations about the civil retrial system between mainland of China and Anglo-American legal system countries, the author analyzes the overseas legislations, trying to find out the experiences that we can draw on to improve the civil retrial procedure of our country. In the third part, the author talks about the shortages of the modification and disadvantages remain. After illustrating the problems of the revised Code of Civil Procedure in practice, the author points out that the disadvantages of our civil retrial procedure include the nominal retrial system, the shortage of limitation for litigants' retrial demands, unreal establishment of appeal to retrial and erroneous regulations of essential issues in retrial cases etc. The fourth part puts forward the plan for further improvement to the civil retrial procedure of our country. It begins from the statement of putting the idea of retrial system in proper perspective and evaluates, then follows the suggestions of establishment of appeal to retrial and means by which retrial procedure should be initiated by litigants instead of people's courts and people's procuratorates out of duty. Finally, the author advices that retrials should not stopped the enforcement of judgment of lower courts, and the legislation list the retrial issues and the opposite ones as well as the contents of terminal retrial.
Keywords/Search Tags:civil retrial procedure, appeal to retrial, right of protest, right of appeal and charge, legislative advice
PDF Full Text Request
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