2006•Journal of Liaoning Technical UniversityRequires access

Several reflections on perfecting civil retrial procedure

GU Gui-xue

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Abstract

Effective civil adjudication should have authority and stability;however,due to all sorts of reasons at present,errors exist in effective civil adjudication.Civil retrial procedure is just a kind of procedure designed to correct the wrongful civil adjudication.In respect of the operation of procedure,problems that the subject of initiating retrial procedure is not scientific,placing a case on file for retrial procedure lacks operative standard,procedures of hearing for retrial procedure are not perfect,and present law does not formulate the standard for revision of a judgment existense.In view of above situations,we should strengthen litigant's right of appeal,restrain procuratorate's right to protest against court sentence,regulate court's right to initiate retrial procedure,define the standard of placing a case on file,reform the proceedings of hearing for retrial procedure,in order to perfect this procedure and bring procedure value into full play.

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Effective civil adjudication should have authority and stability;however,due to all sorts of reasons at present,errors exist in effective civil adjudication.Civil retrial procedure is just a kind of procedure designed to correct the wrongful civil adjudication.In respect of the operation of procedure,problems that the subject of initiating retrial procedure is not scientific,placing a case on file for retrial procedure lacks operative standard,procedures of hearing for retrial procedure are not perfect,and present law does not formulate the standard for revision of a judgment existense.In view of above situations,we should strengthen litigant's right of appeal,restrain procuratorate's right to protest against court sentence,regulate court's right to initiate retrial procedure,define the standard of placing a case on file,reform the proceedings of hearing for retrial procedure,in order to perfect this procedure and bring procedure value into full play.

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Available abstract

Effective civil adjudication should have authority and stability;however,due to all sorts of reasons at present,errors exist in effective civil adjudication.Civil retrial procedure is just a kind of procedure designed to correct the wrongful civil adjudication.In respect of the operation of procedure,problems that the subject of initiating retrial procedure is not scientific,placing a case on file for retrial procedure lacks operative standard,procedures of hearing for retrial procedure are not perfect,and present law does not formulate the standard for revision of a judgment existense.In view of above situations,we should strengthen litigant's right of appeal,restrain procuratorate's right to protest against court sentence,regulate court's right to initiate retrial procedure,define the standard of placing a case on file,reform the proceedings of hearing for retrial procedure,in order to perfect this procedure and bring procedure value into full play.

Key concepts: Adjudication, Civil procedure, Appeal, Law, Order (exchange), Sentence, Phrase, Computer science

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