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Applying For Retrial System For A Person Not Involved In The Case In Our Country

Posted on:2013-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2246330395459001Subject:Law
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With carrying out the new Civil Procedural Law and the Applicable JudicialInterpretation of Supreme People’s Court on Procedure for Trial Supervision to‘Civil Procedural Law of P. R. China’, the person not involved in the case is giventhe right that a binding judgment could be applied for retrial in the court. In thisthesis the focus is to discuss significance to theory circle and practice circle of ourcivil procedural law due to the new system.This thesis is divided into3parts. In Part1, the legal significance, current lawsand regulations of the retrial system applied by person not involved in the case aremainly summarized. The latest regulations about the retrial system applied by thirdperson not involved in the case in current laws are analyzed in the part, through thetheoretical and value analysis of the regulations, the practical significance of theretrial system applied by person not involved in the case is analyzed. There are twosituations regulated about the retrial system applied by person not involved in thecase, the difference and connection are clarified after the analysis in this chapter.Starting from the purpose of legislation, the person not involved in the case isallowed to raise an objection if it is legal to the binding judgment on the basis of theoriginal retrial procedure according to the newly revised Civil Procedural Law in ourcountry, and then applies for the retrial for the sake of the unity of programconstruction, judicial remedy and dispute resolution. It is very significant to interpretthe necessity and enforceability of the formation of the retrial system applied byperson not involved in the case from the point of view of legal theory. The core valueof the retrial system applied by person not involved in the case lies in providing theperson not involved in the case with necessary relief mechanism, and protectinginterests infringed by effective legal documents. Only the retrial system applied byperson not involved in the case is established, can illegality such as maliciousprosecution be avoided or reduced, the over-all situation of civil procedure bepurified, the integrity of civil procedure be praised highly, the legal status of the person not involved in the case in the retrial be further clarified, therefore the right ofthe third person not involved in the case is not infringed upon. In Part2, theproblems of the retrial system applied by person not involved in the case in theapplication process are analyzed with the summary of the defects and deficiencies ofsystem. Several cases in the justice practice are listed in the part, and throughanalysis and discussion of the cases, some more specific comments and suggestionsof the defects of existing system are put forward. Our retrial system applied byperson not involved in the case just starts on, and it is still at modification phase,marked by relatively obvious amendment, incomplete system, impreciseconstruction and lots of problems in judicial practice, such as the less rational system,narrow relief scope, fuzzy program design, inefficient remedy and lack of scientificfunctional orientation and so on. It is thought that the system should be completed inevery aspect and concretized gradually as soon as possible in order to fully embodythe superiority of the system. In Part3, based on the analysis of the legislative statusand defects of retrial system applied by person not involved in the case, thecomments and suggestions of the reform and completion of this system are putforward, aiming to construct a more precise retrial system applied by person notinvolved in the case. The legislative principle of the retrial system applied by personnot involved in the case is summarized in the part for the purpose of the reform andcompletion of the defects of the existing system. Although there are many defects inour retrial system applied by person not involved in the case, it should be admittedthat our understanding about the retrial system applied by person not involved in thecase is deepening with the focus of the constantly completion of relevant legalsystems. Our civil execution system is in the transformation stage, thus it issignificant to complete and improve our retrial system applied by person notinvolved in the case, and sufficient attention and concern should be aroused to it forit can provide favorable conditions to reshape the image of the judicial justice, andguide our civil execution mechanism through the dilemma.Through the analysis and interpretation of existing laws and regulations aboutour retrial system applied by person not involved in the case in this thesis, thepractical value and legislation significance of this system is discussed and the existing defects of this system are analyzed and discussed concretely, aiming to finda better-developed solution and make the retrial system applied by person notinvolved in the case be paid widespread attention to. The system makes up theharmful legal effects and social impact of fraud litigation and reduces secondarydisputes and multiple civil procedures, and meanwhile it can purify the environmentof civil procedure and encourage the integrity of civil procedure. However, becauseit is a new system without complete and comprehensive regulations or discussion,and the judicial practice is still at exploratory stage, there are lots of problems. Forthe above reasons, further defining and completing the retrial system applied byperson not involved in the case would be in shoulder heavy responsibilities.
Keywords/Search Tags:Person Not Involved in the Case, Retrial System, Application Conditions
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