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Civil Protest System Is Perfect

Posted on:2009-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:X J WangFull Text:PDF
GTID:2206360272955971Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The civil appeal system is an important law surveillance system, which refers to the People's Procuratorate supervising the people's court's judicial activities. It can maintain the judicature to be fair, the safeguard becomes effective referee's authority as well as the guarantee country law implementing correctly. The procuratorial agency has developed the appeal work for more than ten for years, it rests on the appeal conditions of the 185th stipulation of Civil procedure law correcting large quantities of wrong cases through the appeal, it plays the vital role for the wrong judicature becoming effective the referee, it has justly made the great contribution to keep law to be implemented correctly.This kind of pattern of appeal system is a Chinese unique law system, it conforms to the Chinese national condition, it can safeguard the judicial to be fair.However, with trial way from authority principle to litigant principle transformation, with Supreme People's Court evidence rule appearing, the civil appeal system must keep correct relations with the effective sentences, with the court independent judicial authority and the litigant disposition right. It should reestablish the fundamental rule according to the modern procedure idea . The civil appeal should follow the legal fact and respect the litigant the right of suit. The condition and the standard of appeal system should be contracted, which should keep the procedure to be fair and use the existing judicature resources fully.The author analysis the points of view ,discuss the base of the constitution, law theory and practice. Furthermore, the author point out nine measures to perfect the system of civil judicial supervision ,basing on the practical experience of the writer. In the basic of the theory and the author's experience, the writer point out the nine measures including: supervision to the power of civil judicial supervision, in the conditions of the appealing of the subjects; expanding the time of civil judicial supervision; forbidding the scope of civil judicial supervision; definite the conditions of civil judicial supervision; the power of read the cases of procurator.
Keywords/Search Tags:the civil action of supervision, appeal system, the appeal value independent judicial power
PDF Full Text Request
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