Talk About The Our Country Civil Trial Supervision Procedure Of Improvement And Perfection

Civil procedures of judicial supervision is an important procedure, and set up the program's legislative purpose lies in the people's court has effective rulings, discovers some definite error, can through legal procedures get timely correcting, thus effectively guarantee the correctness of the referee, legality, and safeguard the dignity of law and judicial work authority, to protect the legal rights of parties.April 2008, new revision of the civil procedure law enforcement, among the trial surveillance program made bigger modification, but in practice there are still some defects, based on this, the paper combining civil trial practice of civil trial procuratorial program are discussed, and puts forward how to perfect the procedure of preliminary conception.This paper except preface part outside has six parts:The first part of civil trial supervision procedure put forward the concepts and characteristics. The trial surveillance program is the first instance, criminal procedure, review procedure after an independent legal proceedings, filed in hearing object, subject, mention procedures and conditions, and to execute programs effect on has its independent legal relationship and litigation characteristics.The second part Outlines establish civil judgment supervision the meaning of a program. China's process of judgment supervision, is based on the ultimate goal of justice and law and the eternal pursuit of the premise is to establish, which has the referee's conditional overthrow to correct mistakes, maintain justice retrial procedure became harmonic two kinds of unity of opposites remedial measures. From realizing entity justice and procedural justice, safeguard judicial authority safeguard trial independence, maintain law and unified the several aspects, it has important significance of legal theory.The third part of chinese-foreign civil trial supervision system made quite. Japan, Austria and Britain and the relevant state civil retrial procedure legislative regulations and the present stage of the trial surveillance programs exist system differences. Analysis of overseas relevant regulations, compare our existing laws, from the application for retrial subject, retrial deadline and retrial reason etc comparative study, experience abroad and perfect our country retrial trial system.The fourth part analyzes the current civil trial supervision procedure existing problems. New revision of the civil procedure law of the program while made modification, but starting the program of diversification, legal retrial due to lack of maneuverability, by the court retrial and instructions of court retrial procedure setting aspect malpractice still exists, is not conducive to safeguard judicial authority, in practice, also caused a tremendous waste of resources.The fifth part analyzes the civil trial supervision procedure problems of social reasons and historical background. There are so many problems of China, and centralized system and planned economy system phase value system influence inseparable. In addition, functions and powers of mind dense, also to the parties to bring the private rights infringement.The sixth part puts forward consummates our country civil trial supervision procedure conception. To perfect our country fundamentally the trial surveillance program Settings, firstly, we must improve the civil trial supervision procedure from the basic principle of. The author put forward suggestion refined retrial statutory conditions and reason; Establish the application of the parties concerned, the procuratorial organs exercise limited counterappeal rights as auxiliary and supplementary civil retrial supervision procedure, Established by the retrial case at the next higher level for the first-instance court to try and the final.