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Discussion On The Civil Prosecution Review

Posted on:2015-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:L XieFull Text:PDF
GTID:2266330428985058Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays, with the gradual increase awareness of the rights of the citizens. The dispute to resort to justice increasingly, resulting in that the civil cases increasingly. However,all sectors of secority are very unhappy with the current process of civil prosecution review. Consider reviewing the existing civil suit, severely limits the right to appeal for the parties. Even advocated filing registration system so that all disputes can get court relief channels. The court take for that unless the prosecution examined strict, many disputes will be incorporated into the justice system, and the court can not resolve these disputes eventually led to the court’s dissatisfaction with the community. Thus the civil prosecution review has become the focus of attention. The court accepted the subject of proceedings with the prosecution, is to start civil proceedings necessary stage, and prosecution Review is the link to decide whether to accept the prosecution. Our civil law does not regulate the prosecution review in a scientific process, and the practice of the courts to review the prosecution of civil cases are so strict that severely limits the parties’right to appeal, so a lot of prosecution of civil disputes are excluded from the court at investigate. Judicial treatment has not been judged but only from the program on the losing party, who can seek other ways, such as through petitions, self-protection and even extreme means to resolve disputes. This way not only could left a huge unexpected risks on society, but also undermines the authority of the courts and judicial credibility, lead to the loss of public faith in the law.Engaged in a civil suit as a judge to review the substantive work, I try to analyze the prosecution examined the views from both the judge and the parties perspective. By comparing the British, The United States, France, Japan, Russia and other countries of the prosecution as well as civil prosecution status of the review process of the review, studied and examined the inadequacies of the civil suit and how to improve our country, which effectively solve the "filing difficult" while avoiding "litigation explosion" and other issues, so that the "Civil Procedure Law" could better safeguard national, social, and personal interests. In this paper, a comparative analysis of foreign prosecution review by civil, and combined with the review of our practice civil suit,then put forward a sound proposal to review our civil suit, insisted procedural safeguards, judicial finally resolved, justice for the people, etc. In order to protect the dignity and spirit of the law. Governing the rule of law and regulatory science, clear review process, and making the greatest degree the do justice for the people. Meanwhile in dealing with special cases specificity, sensitivity. With other factors for the court to have flexible, clear the prosecution review procedures to follow, we can build a harmonious society ultimately.
Keywords/Search Tags:prosecution review, appeal, filing difficult, review procedures
PDF Full Text Request
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