論我國民事抗訴制度的現(xiàn)狀與完善.pdf

1、 Abstract Modern rule of law demands both legal authorization and supervision of the power operation. As the consciousness of legal supervision increases and the operation of legal supervision improvement, the civil prot

2、est supervision’s system value is obvious to all, by 20 years’ development. But the realistic difficulties in the judicial practice, including the confusion of the law enforcement concept, the clumsiness of the system de

3、sign and the long-time thoretical divergences have restricted its further development. Describing its characteristics and combination with other relevant national law, finding the necessity about civil protest system. A

4、nalysis on theory and practice, raising some suggestions . Besides the preface and the conclusion the dissertation is divided into five chapters. The first part is an overview of civil protest system. Introduces the lega

5、l concept, legal characteristics and compared method. Although the system is different in other countries ,but in civil proceedings and supervision of civil trial are same. The second part is about the necessity of civil

6、 protest system. To Protest Abolition of the system of civil war as the angle of view, discussion of the civil protest system and principles of litigation related to the conflict and balance, and from the constitutional

7、and legal status of the two discussed the reality of our system of civil protest is reasonable. The third part is about the status analysis of civil protest system. Described three main aspects: first is Civil Protest La

8、w and related judicial explanation effect on civil protest system ; second is about the legislative defects; third is about the practical confusion. The fourth part is about legislative proposals. Establishing the unary

9、retrial mechanism, expanding the scope of the supervision of civil protest, enhanced civil protest power configuration, perfect sibling supervisory system, hearing mechanism of establishment , etc. The fifth part is the

10、prosecution in the new situation, how do protest supervision. First, we must establish the concept of rational supervision, and second, to conduct case-handling model of reform, strengthening the ranks .Third and fourth