On the reforms of system of civil case retrial
Yizhen Chen
Abstract
Yizhen Chen
Abstract
In view of the casuality of its starting,and confusion of the retrial and appeal,and the inclination of preferring entity to process,this paper holds that the stability of procedure and adjudication should be based on putting right the system of retrial by referring to the experiences and measures of retrial legislation in foreign countries.Retrials should not be restricted and the litigant's right should be respected.Therefore,any retrial lodged by the court must be withdrawn.Supervisions by procuratorial organs ought to be limited.The levels of courts and the number of lawyers should be stipulated so that a normalized retrial system will be enforced to ensure the realization of its impartiality,independence and authority.
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In view of the casuality of its starting,and confusion of the retrial and appeal,and the inclination of preferring entity to process,this paper holds that the stability of procedure and adjudication should be based on putting right the system of retrial by referring to the experiences and measures of retrial legislation in foreign countries.Retrials should not be restricted and the litigant's right should be respected.Therefore,any retrial lodged by the court must be withdrawn.Supervisions by procuratorial organs ought to be limited.The levels of courts and the number of lawyers should be stipulated so that a normalized retrial system will be enforced to ensure the realization of its impartiality,independence and authority.
Key concepts: Adjudication, Appeal, Impartiality, Law, Confusion, Political science, Law and economics, Independence (probability theory)