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Civil Retrial Application Of New Evidence

Posted on:2014-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y YanFull Text:PDF
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Civil retrial new evidence, has been the theory of the civil procedure law dispute is bigger, the judicial practice difficult to grasp the problem. Whether it’s in the second instance as the main body of final appeal, with the supplement of retrial procedure case-hearing level system, or in terms of time limit of proof and evidence loss power system as the main body, with the new evidence rules to retrial for exception system, evidence system has special and important significance, should be based on the holistic thinking for integrated interpretation of the civil retrial new evidence. Civil retrial new evidence legislation in our country level is not high, not very clear rules of real cases, the judicial personnel understand the differences, apply to master the standard is not unified, in the retrial procedure, the cognizance of the new evidence and applicable on a lot of confusion. In general, the court in case retrial, the people’s procuratorate in case the protest, the mastery of the new evidence is mostly a more tolerant attitude, with new evidence to start retrial case also see more.The author through a general overview of the civil retrial new evidence, that is, from the legislative provisions, constitutive requirements, types, and specify the time limit of retrial new evidence of evidence, and by the author in the real work in the real case for civil retrial new evidence on the application in the plight of existence and the reasons were analyzed, and the new evidence on civil retrial unroll the thinking. Through the understanding of the civil retrial new evidence and analysis, theory with practice, in order to work, can make the theoretical understanding of civil retrial new evidence is more scientific, complete and comprehensive, practice of civil retrial new evidence that a more accurate, standardized and effective.
Keywords/Search Tags:Civil litigation, Retrial, The new evidence, The protest
PDF Full Text Request
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