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On The Perfection Of Retrial In Our Civil Procedure

Posted on:2013-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:H X RenFull Text:PDF
GTID:2246330362466184Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil action retrial as an important way of judge of appellate procedure, playing animportant role in correcting the wrong judges of court, maintainning the trial interests ofthe parties,and supervising the lower court trial act. Finding the the problems of retrialin the operation, and baseding At the same time impact on the operation of the otherfactors put forward suggestions, on practice draw lessons from foreign experience andpractice put forward the improving suggestions. The retrial system is run by civilprocedure of other factors, therefore, at the same time impact on operation of the otherfactors put forword suggetions to make the remand function play fully.Besides the introduction and conclusion, the paper is divided into four parts, as follows:The first chapter: the present situation and the problems of the civil procedure of theremand in our country.This part investigates on legislative and judicial of China’s civilretrial and analysis the problems of remand.Chapter second: Abolition of contention of civil new trial in China. This part introducesthe theories of Abolition of contention of civil new trial between various scholarsmainly, analysis the various viewpoints review, and on the basis of this to draw my ownconclusions.The third chapter: The investigating and enlightenment of the foreign civil lawsuitretrial. This part selects civil new trial system of continental law system andAnglo-American law system countries and regions to inspection and analysis, andanalysis the similarities and differences of the retrial system of two major legalsystems, we can learn improve our civil new trial system from it.The fourth chapter: The perfect of civil action retrial in China. In this part the authorput forward the idear of limitting on remand applicable standards strictly, setting up alimited range of principle, giving the optional right of procedure to the parties, settingup the judicial system of delivery, improving the factors of whiches restrict itsfunction.
Keywords/Search Tags:Retrial, Judicial justice, Judicial efficiency, Procedural interest, Thestability of procedure
PDF Full Text Request
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