Study On "Zhengzhou Dissuade Smoking Case" Under The Perspective Of Civil Procedure Law

With the development of the strategy of "rule of law",a large number of civil cases have sprung up.On one hand,the increasing number of civil cases reflects the improvement of the legal awareness of the public;on the other hand,it puts forward a greater test on the exercise of the judge's judicial power.The case of "Zhengzhou dissuading smoking" has aroused public discussion as soon as it appears.The public have different opinions on the judgment result of the first trial in which the good faith dissuading smoking was finally compensated by the judgment.The academic circles have endless analysis on the substantive law and procedural law of this case.Therefore,the analysis of this case has considerable theoretical and practical significance.Based on the case of "Zhengzhou dissuading smoking" in 2017,this paper makes an in-depth analysis of the reasons for the second trial to change the judgment after the first trial of this case from the perspective of legal theory and reality under the perspective of civil procedure law.Combined with the current "Civil Procedure Law" and its judicial interpretation,this paper puts forward some suggestions for the correct judgment method of this case,hoping help to give the reason for the second trial to change the judgment after the first trial of the civil procedure law and improve the correct judgment method.The first part of this article is Chapter One,which is the summary of the basic case and the different judgment results of the first and second instance.The second part is the Chapter Two to Chapter Four,which are the three focus of the case: whether the result of the second instance is in violation of the "Principle of Prohibiting Alteration with Prejudice";whether the result of the second instance is in violation of the "Disposition Principle";whether the result of the second instance changes the judgment in accordance with the "Public InterestPrinciple ".The third part is Chapter Five,which is the analysis of how the second instance court make the judgement and the reflection of this case.The outline of the paper is organized to analyze step by step and go deep into the case.The main research methods of this paper include literature research,comparative analysis and empirical analysis,which are committed to the detailed and in-depth study of this topic.The case is analyzed through the analysis and discussion of the dispute focus in this case.The references include not only the current legal provisions and judicial interpretation,but also the analysis and evaluation of this case by legal experts and scholars.On the basis of the theory of law,through the comparison of the relevant legal theories and combined with specific cases,we can draw the conclusion that whether the judgment of this case is unfair or not,and then the author may give the analysis and thinking of this case.Hoping to bring positive significance for the second instance system of our country through the analysis of the first instance and the second instance system reflected in this case.