On the revision of the civil procedure law "bill"

In China, people in the partyQq:623309161

In urgent need of a member of the CPPCC National Committee, the National People's Congress on writing a proposal, bill

 

Following the National People's Congress to prevent and correct the judicial organs, the relationship between the case of money, favors means (work hard and be practical, do not tell lies, cliches, officialdom. To prevent the judicial organ meeting meeting, just say no, just say no to implement, harm, harm, harm people's party. Lying is not implemented, forget forget, as long as the country party) to implement the following measures, is to prevent and punish corruptionists, is correct, the relationship between the case of money most powerful measures, otherwise, over the past fifty years is unable to solve the case of money, the relationship between the corrected. Why? Money, the relationship between the case to case,The case of money, relationships, etc. can be found 1/1000 good. Implement the following measures, judicial corruption to occur, can be quickly corrected. The prevention and correction of judicial organs, the relationship between the case of money, favors by National People's Congress law and suggestions to improve the regulation is effective and supervise the handling of complaint (organization review is valid), by the judicial organs of self-discipline.

If the proposal be accepted, not to increase fiscal expenditure, litigants with money, collusion judicial personnel is very difficult, according toRevised "Civil Procedure Law"Program to walk case ends, the National People's Congress, the judicial organs at all levels shall not accept the petition review, not, not. To tell the truth, the current three big procedural law procedure party with money, collusion judicial personnel easy money, the current case, relationships, etc. can be verified 1/1000 good. Law and petition the judicial organs in accordance with the case of "Standing Committee of National People's Congress supervision procedure" walk the end end procedure cases, the National People's Congress, judiciary case not to accept the (why? Have misjudged cases and corrected quickly, but can not correct injustice case. Pre interview injustice cases and pre interview with wrong cases and corrective measures:The formulation of "law";Revised "Civil Procedure Law")

How to solve a case litigation civil litigants with money, collusion Secretary of Provincial Committee procurator (contain deputy attorney general, member of the procuratorial committee, internal organization person in charge), Dean (including the president, vice president, a full-time member of the judicial committee), cases and on the Supreme People's court filing through the presiding judge and in charge of. Method the complaint letters and visits, error correction (assuming how to do)? How to solve a case litigation civil litigants with money to the Supreme People's Court (including the president, vice president of full-time member of the judicial committee), Attorney General of Supreme People's Procuratorate? (contain deputy attorney general, member of the procuratorial committee, internal institutions responsible person) cases error correction (assuming the how to do? The case with money, collusion of second instance court, vice president, Dean of the verified correct difficult, difficult, in collusion with the provincial committee secretary of correcting more difficult?)The rapid development of "the National People's Congress Standing Committee on judicial case supervision procedure law", law and petition the judicial organs in accordance with the case of "Standing Committee of National People's Congress supervision procedure" finish the program can quickly correct correct. How to solve the case no wrong petition problem --- the judicial organs in accordance with the case of "Standing Committee of National People's Congress supervision procedure" finish the program termination. The following measures, the case of money, relationships, can quickly correct and end cases execute one as a warning to others, play the role of. To tell the truth, the current three big procedural law procedure party with money, collusion judicial personnel easy money, the current case, relationships, etc. can be verified 1/1000 good.

Summary: at present, many law and petition, what is the judiciary is not correct, or unreasonable complaint, or "Civil Procedure Law" itself has problems; effective judgment, ruling, mediation cannot perform exactly the judicial organ does not as and as the chaos, or the person to be enforced debts, creditors, or no ability execution, or "Civil Procedure Law" itself has a problem. Law and petition is numerous, objectively speaking, there is not wrong. Also, law and petition person also has some problems, the judicial organ or not as as the chaos there, "Civil Procedure Law" itself is not perfect is the main reason. "Civil Procedure Law" does not set an effective external supervision measures, in order to judicial organs in handling cases, resulting in popularity, geopolitical influence cases and money to influence the judge or prosecutor handling cases, but no real; there is the internal influence the judges and litigants use money to influence such as a judge or prosecutor handling cases. The effect of the method is solved, the modification of the civil procedure law. The judge or prosecutor only in accordance with the "provisions of the civil procedure law" procedures is not wrong, as the "Civil Procedure Law" stipulated procedures can not guarantee a just case, is "the provisions of the civil procedure law" program. Perfect "Civil Procedure Law", should put an end to a judge or the prosecutor or the parties go through procedures for cases.

According to the case:

1 "Civil Procedure Law" (Amendment thirty-seventh (2012)The people's court shall have the jurisdiction due to special reasons, unable to exercise the jurisdiction, the people's court at a higher level to designate the jurisdictionThe trial judge) regulations, pressure can be transferred to the people's court at a higher level to designate the jurisdiction. However, since the implementation of "Civil Procedure Law", if the people's court to the people's court at a higher level to designate the jurisdiction of cases less, superior people's court shall designate jurisdiction case less, resulting in a court of competent jurisdiction for various reasons can judge, without the pressure of the court but no jurisdiction, resulting in a simple question for 3 months can solve the unsolvable for many years, and even 20 years have not resolved, waste of judicial resources, the waste of manpower, material resources and seriously affect the social stability, especially the litigants are not in the same level people's action more difficult. To be sure, in the trial, the vast majority of judges is good, there is the party in China is in the heart of the people, be just, want a quick, efficient, fair trial, to conclude the case. However, because the jurisdiction is not perfect, the trial judge, litigant get rid of jurisdiction, judges and prosecutors could not escape the jurisdiction, causing many years can not solve.

2 "Civil Procedure Law" (revised in 2012) the provisions of article 115th (For the individual amount, one hundred thousand yuan the following. The unit fine amount, fifty thousand yuan of above one million yuan of the following. The period of detention for less than fifteen days. The detained person, the people's court shall deliver the public security organs. While in detention, the detainee admits and corrects his mistakes, the people's court may decide to terminate the detention). This article does not guarantee effective judgment can be quickly implemented, the reason is: one is the court people find difficult to check, property; two is the court go through untold hardships to find the person to be enforced, detained for fifteen days following, for whom no deterrent; three is the judgment cannot be implemented quickly, not the letter of the law and conflict, and human rights no guarantee, law-abiding suffer.

3 "Civil Procedure Law" (Amendment 198th (2012)President of the people's courts at all levels of the hospital a legally effective judgment, ruling, mediation, mistakes are found, that the retrial necessary, shall be submitted to the judicial committee for discussion and decision. The Supreme People's court in a legally effective judgment, ruling, the people's court mediation, the higher level to the lower level people's Court of a legally effective judgment, ruling, mediation, mistakes are found, have the power to examine or order the lower people's court for retrialThe provisions), is a special relief procedure, in order to solve the first trial, second instance, the application for retrial is wrong is not correct (Procuratorate not appeal or protest with uncorrected cases), and the parties to the case of collusion. The people's court found that the judgment is wrong by the retrial. However, the after, not timely clear with what circumstances should retrial, cause the role to play not good, retrial starting arbitrariness is not conducive to the stability of error correction and judgment, haven't heard of the Supreme People's Court on the grass-roots court cases of first instance ruling retrial, resulting in different courts apply law to the contrary, the applicable law is not unified. The idealist local courts or procuratorates judgment is not correct for many years, has also led to the judicial interpretation is seriously lagging behind.

4 "Civil Procedure Law" (Amendment 204th (2012)The people's court shall review within three months from receipt of the application for retrial, in accordance with the provisions of this law, ruling retrial;Do not conform to the provisions of this law, the court rejected the application. If extension is needed, approved by the president of the court. The application of a party concerned, ruling retrial cases tried by a people's court above the intermediate people's court, but the parties in accordance with the provisions of law 199th choice except to the grassroots people's court for retrial. The Supreme People's court, the higher people's Court of retrial case, the court retrial or make other people's court for retrial, the people's Court of retrial can also cross). This article does not guarantee correct wrong case, the reason is: the inner court review, no effective, orderly, scientific and external supervision measures, litigant easy money effect caused by the wrong judge cases correct difficult, but can not be found.

5 "Civil Procedure Law" (Amendment 209th (2012)In one of the following cases, the parties may apply to the people's Procuratorate procuratorial suggestions or protest: (a) the people's court rejected the application for retrial; (two) the people's court fails to apply for retrial ruling; (three) if the second judgment, ruling is obviously wrong. The people's Procuratorate shall conduct examination within three months of the request of the parties concerned, made or not present procuratorial suggestions or protest decision. The parties may not apply again to the people's Procuratorate procuratorial suggestions or protest). It cannot guarantee the wrong cases Procuratorate, reason is: one is the procuratorate internal review, no effective, orderly, scientific and external supervision measures, litigant easy money affect the public prosecutor has caused the wrong case not protest, but can not be found; two is it when the appeal more difficult.

6"Civil Procedure Law" has not stipulated the public security shall assist the measures, resulting in court for legal department alone. Such as: one is the judgment object does not implement, should the police published online, police found should be detained; two is a judgment object does not implement, the court ruled that the ban on public security, shall be published online, police found should be detained in advance; three is the court decision of detention in the book should be published online, public security, public security found that should go ahead of the rest detention. These measures, execute judgment to form a joint force. The petition is not the letter of the law will change, not the legislative department.

Justice is not the princess to reason is: one is the popularity, geopolitical influence the judges, the judicial personnel of people, only, management by the supreme judicial organs will exist for a long time; two is the internal influence the judge or prosecutor handling cases, will exist for a long time, especially the people, only, by the provincial judicial authority management; three is the litigation the money of the judge or prosecutor handling cases; four is the legal quality and responsibility of the judge or prosecutor, judge, but this is not the main reason, after the people's court at a higher level, can quickly correct. Existence of these problems, the case is rather difficult to injustice case. According to the "Civil Procedure Law", the Supreme People's court has the right to correct the people's courts at all levels in a legally effective judgment, ruling, mediation, however, the people's courts at all levels have a legally effective judgment, ruling, the conciliation statement is wrong, the internal identification, no scientific, orderly, effective supervision measures, resulting in error correction difficult to. In spite of the hair (2007) No. 5 document, do hair (2009) No. 22, "the Central Political Committee on perfecting the law and petition mechanism of opinions" provisions of the end - public hearing to determine the fault, however, the Supreme People's court has no sharp when the policies are grazing operation regulations, from the beginning. (2007) No. 5 document, do hair (2009) No. 22, "the Central Political Committee on perfecting the law and petition mechanism of opinions" provisions of the end, the Supreme People's court is difficult to implement.

Popularity, geopolitical influence the judges solution is simple, can draw lessons from the administrative litigation for designation of jurisdiction; the legal quality and the responsibility of the judges the solution is simple, the superior people's court to correct. The most difficult is the influence of internal effect of the judges and litigants with money, the judges. If the determined, internal influence the judges and litigants with money to influence the judge or prosecutor handling cases, there are ways to resolve, revision of the civil procedure law.

The wrong case cannot be corrected, the referee not implemented, will petition not the letter of the law, the reason is, the legitimate rights and interests of the letter of the law can not be guaranteed, units and individuals to the letter of the law loss, unit and law-abiding suffer, units and not law-abiding interests, a society without justice, general instructions and eighteen. The spirit of the third plenary session in 2014 January 7, Xi general books in the central political conference speech at the eighteenth session of the Central Discipline Inspection Commission China communist spirit cannot implement the spirit.

From the "design procedure in the civil procedure law", from the theory can ensure a rapid correction of wrong case, the reason is: the first is wrong the second correction, the second is wrong to apply for a retrial correction, the application for retrial not corrected procuratorate correct, procuratorate not protest by letters and visits to the Supreme People's Procuratorate supervision or letters, by letters and visits to the National People's Congress or the Supreme People's court and the Supreme People's court, according to the "Civil Procedure Law" (revised in 2012) article 198th supervision and correction, seemed to have the wrong case relief channels. If the judge or the public prosecutor for money effect difficult to correct, even if it is the Supreme People's court, the Supreme People's Procuratorate personnel can not be money correct is difficult, the reason is: the huge petition, the Supreme People's court, the Supreme People's Procuratorate personnel not possible to organize a hearing to determine the right and wrong, and not by money, can not. By money affects the case, found quite difficult.

From the current "Civil Procedure Law" (revised in 2012) and the Supreme People's court, the Supreme People's Procuratorate stipulated procedures, internal review court without effective, orderly, scientific and external supervision measures,'s Procuratorate review cases no effective, orderly, scientific and external supervision measures caused by wrong correct difficult cases.

Even if 0.1% of the cases have not corrected the country is small, the party is the life of the event, the pain of his life, is something.

In order to solve the above problems, achieve rapid, efficient, fair trial, to conclude the case,"Civil Procedure Law" should change the jurisdiction, changePopularity, geopolitical influence the judges; change from internal case of right and wrong, let the internal influence the judge or prosecutor handling cases, such as money to influence the judge or prosecutor handling cases have no chance.

According to the "legislative law" provisions, recommendations are as follows:

ASuggestions on the "Civil Procedure Law" (revised in 2012) thirty-seventh make the following modifications, to ensure the uniform application of the law, the judge trial procedure becomes simple, easy, do our best to solve the popularity, geo case, but the problem that difficult:

Any of the following circumstances, shall designate jurisdiction:

Litigants in civil cases is not the same high people's court, the plaintiff filed a complaint to the Supreme People's court, the Supreme People's court for a court of competent jurisdiction avoidance, the Supreme People's court received immediately designated jurisdiction senior people court is not the location and the personal civil court, designated jurisdiction shall designate the original, the defendant is similar, the court people transportation convenient.

Litigants in civil cases is not the same high people's court has jurisdiction, litigant for senior and following a court challenge, the court of competent jurisdiction shall be transferred to the Supreme People's court not specified parties where senior people court and the court of jurisdiction, the original, the defendant shall specify the designated jurisdiction is similar, the people's courts traffic convenient.

Litigants in civil cases is not the same intermediate people's court, the plaintiff submitted a petition to the higher people's court, the plaintiff applies to the higher people's Court of the court of competent jurisdiction avoidance, the higher people's court shall designate the jurisdiction is not immediately received the location of intermediate people court and the people's court personal, designated jurisdiction shall specify the original, the defendant is similar to the people the convenient traffic.

Litigants in civil cases is not the same intermediate level people's court has jurisdiction, litigant for intermediate and the following a court challenge, the court of competent jurisdiction shall be under the jurisdiction of the higher people's court is not transferred to designated litigant is intermediate people court and the people's court shall specify the original, designated jurisdiction, the defendant is similar, the people's Court of traffic convenient.

Litigants in civil litigation cases, one of the basic people's court has jurisdiction, litigant request the people's court challenge, the court of competent jurisdiction jurisdiction transferred to the people's court at a higher level shall not specified parties where the people's court shall specify the original, designated jurisdiction, the defendant is similar, the people's courts convenient.

 

Note 1: litigants are not in the same intermediate people's Court of civil litigation procedure difficult, in some cases pull decades unresolved, increasing litigation cost, also increased the cost of justice, but also to the court, is not conducive to the rule of law. If the Supreme People's court clearly the above problem, the people's court to hire high marks two retired can solve decades unsolved difficult; if the Supreme People's court is not in accordance with the above provisions, in another fifty years if not civil cases in the same high people's court proceedings to be also unable to. The above provisions, the higher people's court a judge a day can handle 200 designated jurisdiction of cases, the Supreme People's court has the ability to do, can reduce the amount of the appeal, the application for retrial, appeal (letters), saving judicial resources and save the litigation cost. In many cases, pull for decades is not solved, the core is the court of competent jurisdiction have pressure, no pressure on the court has no jurisdiction over. This article introduced, believe that most of the judge is welcome, lighten the burden and pressure of the judge.

Note 2: litigants are not in the same high people's court civil litigation procedure difficult, in some cases pull decades unresolved, increasing litigation cost, also increased the cost of justice, but also to the court, is not conducive to the rule of law. If the Supreme People's court is clear: the litigants in civil cases is not the same the higher people's court, the Supreme People's court shall be accepted by the other specified similar high people's Court of jurisdiction to the intermediate people's court, the Supreme People's court to hire two retired can solve decades unsolved difficult; if the Supreme People's court has no the above provisions, in another fifty years if not civil cases in the same high people's court proceedings to be also unable to. The above provisions, the Supreme People's court a judge a day can handle 200 designated jurisdiction of cases, the Supreme People's court has the ability to do, can reduce the amount of the appeal, the application for retrial, appeal (letters), saving judicial resources and save the litigation cost. In many cases, pull for decades is not solved, the core is the court of competent jurisdiction have pressure, no pressure on the court has no jurisdiction over. This article introduced, as long as the judge is welcome, lighten the burden and pressure of the judge.

Note 3: litigants are not in the same intermediate people's Court of civil litigation procedure difficult, in some cases pull decades unresolved, increasing litigation cost, also increased the cost of justice, but also to the court, is not conducive to the rule of law. If the Supreme People's court clearly the above problem, the higher people's courts employ two retired can solve decades unsolved difficult; if the Supreme People's court is not in accordance with the above provisions, in another fifty years if not civil cases in the same high people's court proceedings to be also unable to. The above provisions, the higher people's court a judge a day can handle 200 designated jurisdiction of cases, the Supreme People's court has the ability to do, can reduce the amount of the appeal, the application for retrial, appeal (letters), saving judicial resources and save the litigation cost. In many cases, pull for decades is not solved, the core is the court of competent jurisdiction have pressure, no pressure on the court has no jurisdiction over. This article introduced, believe that most of the judge is welcome, lighten the burden and pressure of the judge.

Note 4: designated jurisdiction, trial judge relaxed, laid the foundation for the judicial justice, judicial efficiency. In this article, can save a large amount of funds each year, reduce the social contradiction, at least 50%. Unity, law enforcement. Civil procedure law does not have this provision, many provisions cannot be performed.

Two, the "Civil Procedure Law" (revised in 2012) 115th shall be amended as follows:

For the individual amount, one hundred thousand yuan the following. The unit fine amount, fifty thousand yuan of above one million yuan of the following. The period of detention, does not perform the effective judgment, ruling, mediation book for 180 days, the other fifteen days following. The detained person, the people's court shall deliver the public security organs. While in detention, does not perform the effective judgment, ruling, mediation of the detainee admits and corrects his mistakes, for security or performance or for understanding, the people's court may decide to terminate the detention; other detainees, admit and correct the wrong, the people's court may decide to terminate the detention.Do not perform effective judgment, ruling, mediation, can prolong the detention time of less than 180 days.

Note 1: This article, the parties do not perform effective judgment, ruling, mediation book no chance. The petition is not the letter of the law will change.

Note 2: "Civil Procedure Law" (revised in 2012) the provisions of article 115th (fine individual amount, one hundred thousand yuan the following. The unit fine amount, fifty thousand yuan of above one million yuan of the following. The period of detention for less than fifteen days. The detained person, the people's court shall deliver the public security organs. While in detention, the detainee admits and corrects his mistakes, the people's court may decide to terminate the detention).

Note 3: the court to the effective implementation of the referee, the law will not only suffer.

Three. "Civil Procedure Law" (revised in 2012) 198th was modified as follows, to ensure that the wrong case soon. Correct and effective judgment stability, reduce the pressure to the higher people's Court of error correction, error correction becomes simple, to ensure the uniform application of the law, the judge relaxed trial, litigation becomes simple, play the role of core is the Supreme People's Court (: the Supreme People's court ruling retrial change the jurisdiction, the Supreme People's court workload is not big, the court of retrial without pressure):

Have one of the following cases, the Supreme People's court shall be ruled by the retrial or does not belong to the litigants, the higher people's court above the intermediate people's Court of retrial. Retrial of the people's court has the right to revoke the original judgment or ruling, mediation, and re judgment, cut set, can also be a conciliation statement. Mediation book the original effective judgment, ruling, mediation book stop execution; suggest additional litigation cases, the court of retrial should be added as a litigant; that does not belong to the high people's court where the lawsuit parties, above intermediate people's Court of retrial, ruled that the original, the defendant shall be close to people, convenient transportation.

I suggest the Supreme People's court retrial China law cases, and attach the appeal;

The justice department or the China law more than 10 doctoral tutor suggested that the Supreme People's court retrial cases, and attach the appeal;

The four law firm seal, at least 20 lawyers signature suggested that the Supreme People's court retrial cases, and attach the appeal.

However, the above situation of cases, the Supreme People's court organization review cases correctly, the parties do not agree in writing to appeal to the Supreme People's court shall organize, delegate of countrywide National People's Congress, the CPPCC National Committee members, relevant experts, lawyers, prosecutors, public hearings, public hearing cases no wrong views no longer. Public hearing by the parties in advance fees, public hearing the case should be a retrial, public hearing expenses shall be returned to the bank account within 10 days.

Public hearing opinions case no wrong by the Supreme People's court the case ends notice, served on the parties (the purpose: to prevent the Supreme People's court has the wrong without correction, and prevent the parties believe that the Supreme People's court internal collusion or harbor no correction, hearing that legal experts, representatives of the National People's Congress, the CPPCC National Committee members, relevant experts, lawyers etc. have nothing to say. To ensure that the wrong case rapid correct, error free case the rapid end to ensure effective judgment, stability, and ensure that the law experts because of various reasons, suggest that the Supreme People's court retrial not for each case are accurate. Legal experts suggested that only the Supreme People's court accepted the case review program, also is the legal experts to carry out preliminary investigation on the petition, the hearing is to supervise the Supreme People's court, the parties experts,, nothing but good).

The Supreme People's court shall establish expert library, public hearing cases in the expert database according to the category of cases randomly.

No longer the case, the Supreme People's Court on the petition and complaint no longer audit opinion by a written reply, and shall make a public announcement, and guide the work of the people's courts at all levels (public hearing policy is based on: (2007) in the 5 document, do hair (2009) No. 22, "the Central Political Committee on perfecting the law related the end of the views of complaint letters and visits mechanism" provisions. In the (2007) in the document No. 5, (2009) No. 22 document of law and petition to find methods -- public hearing to determine fault. Eighteen the spirit of the Third Plenary Session - so people can feel the justice and law at the end of each judicial cases. The Supreme People's court should be the policy of the party, into the operational regulations).

Note 1: the case above case, is the major cases, the Supreme People's court trial or not strict procedures to determine the wrong, the Supreme People's court supervision level and comprehensive strength of people's court. The above situation case ruling retrial or public hearing, carry on effective supervision to the judges of the Supreme People's court, especially the Supreme People's court and the Supreme People's court supervision, and effective supervision of the best way to the higher people's court and the court of justice.

Note 2: "Civil Procedure Law" (revised in 2012) 198th may: would suggest that the Supreme People's court China legal retrial of the case; the Ministry of justice or China law more than 10 doctoral tutor suggested that the Supreme People's court retrial cases, the Supreme People's court shall rule for retrial, the retrial by the school or do not belong to the procedure the high people's Court of the other party is above intermediate people's court. The retrial court has the power to reverse the original judgment, ruling, mediation, and re judgment, cut set, can also be a conciliation statement. Mediation book the original effective judgment, ruling, mediation book stop execution; suggest additional litigation cases, the court of retrial shall be added to the litigant parties, have experience and then expand.

Note 3: "Civil Procedure Law" (revised in 2012) 198th people's courts at all levels of the hospital in a legally effective judgment, ruling, mediation, mistakes are found, that the retrial necessary, shall be submitted to the judicial committee for discussion and decision. The Supreme People's court in a legally effective judgment, ruling, the people's court mediation, the higher level to the lower level people's Court of a legally effective judgment, ruling, mediation, mistakes are found, have the power to examine or order the lower people's court for retrial.

Note 4This suggests that the Supreme People's Court issued an annual increase of the retrial case estimation introduced first years 2000, second years 1000, third years 500. Retrial 80% cases should be commuted etc.. This suggests that the Supreme People's court annual increase of the retrial case accounted for the proportion of court cases of extra low, correction rate, make the litigants, lawyers, legal experts, representatives of the National People's Congress, reporters have nothing to say, the law never backward trial required. The complex problem into simple problems, the past has proven, not reform have no way out, not reform case correction into a dead end. A trial of second instance is wrong, correct the existing provisions of the three procedural laws, the second instance retrial correction is wrong, wrong and correct the retrial petition the court for retrial, theoretically feasible, practical work, the past has proved. This provision is the judge without any interference (including direct and indirect benefit) it, the actual is impossible, the court must carry out reform. The Supreme People's court for reform is in addition to the procuratorate recommendations retrial and appeal for retrial, would suggest that the Supreme People's court Chinese legal retrial of the case; the Ministry of justice or China law more than 10 doctoral tutor suggested that the Supreme People's court for retrial of the case; the four law firm seal, at least 20 lawyers signature suggested that the Supreme People's court for retrial the case, that is a complex case, is conducive to a higher court for the court to lower supervision, there are various people to court the uniform application of the law, is conducive to resolving the legal lag judgment. Also is the scientific supervision and scientific trial and remedies supplement. I suggest the Supreme People's court retrial Chinese law case; the Ministry of justice or China law more than 10 doctoral tutor suggested that the Supreme People's court for retrial of the case; the four law firm seal, at least 20 lawyers signature suggested that the Supreme People's Court of retrial cases, the Supreme People's court to retrial? One is not experience; two is the trial; three is the reform must be cautious, have the experience and then gradually reduced to 5 or more. The Supreme People's court for retrial must reform the only way out, in short, must increase a relief channel, otherwise, part of the court case into a "dead end effect correction". The direction of reform is the court should not accept the application for retrial and appeal, the admissibility of the complaint by the procuratorate is responsible, the court is only responsible for the special case of retrial, retrial and appeal court waste of judicial resources. As for good, practice can come to a conclusion, the National People's Congress can also urge the Supreme People's court to the trial, the final rise to the law. (from 1998 to 2012, the Supreme People's court for accepting the case 50773, closed 49863, respectively over the previous five years increased by 174% and 191%, 82.4%; the settlement rate trial in local people's courts at all levels to accept a case 56105000, case, closed 55259000, closed bid 8.17 yuan, rise respectively compared to the same period 29.3%, 29.8% and 47.1% within time limit, a completion rate of 98.8%. In 2013 March the National People's Congress report), these 1000 pieces of retrial regardless of whether or not to a unified national court, can understand the law and apply the law, role. Retrial results published on the Internet, for all the judges of the court, the parties understand and apply the law).

Note 5: This is the Supreme People's court, the Supreme People's court focus, focus should not hearing the cases of second instance, no special circumstances should not first review the grass-roots court and the intermediate people's court case (litigant not except in the same high people's court). The reform focuses on leadership decided case retrial to have certain conditions must retrial, let the litigants, lawyers, legal experts, representatives of the National People's Congress, reporters have nothing to say, increased the rapid relief channel.

Note 6: not necessarily to retrial, retrial results published on the Internet, is conducive to the unity of the jurisdiction, litigant, prosecutors and understanding of the law and the applicable law, dispute resolution.

Note 7: This is the anti money, beauty, honor, family interference and individual power illegally pressure interference is the most effective way to.

Note 8: as for the proposals do not, practice can come to a conclusion.

The above suggestions, the Supreme People's court can advance the trial, have experience's proposal to amend the civil procedure law. The proposal can correct the wrong case, cannot correct the injustice cases, pre interview injustice cases can only be modified

Four. The "Civil Procedure Law" (revised in 2012) 204th is amended as follows. (let the wrong case not correct history and past, core is to review cases increased supervision, let the litigants have nothing to say, surface increases the burden of the court, the actual burden, accelerating the process of ruling the country by law. More than 95% apply for a retrial case will not apply for a hearing, but also to promote a second trial, carefully handling the case, prevent the error correction):

The people's court shall review within three months from receipt of the application for retrial, in accordance with the provisions of this law, ruling retrial. If extension is needed, approved by the president of the court. The application of a party concerned, ruling retrial cases tried by a people's court above the intermediate people's court, but the parties in accordance with the provisions of law 199th choice except to the grassroots people's court for retrial. The Supreme People's court, the higher people's Court of retrial case, the court retrial or make other people's court for retrial, the people's Court of retrial can also cross. Do not belong to the original trial of second instance, the people's court for retrial, the retrial, the retrial court has the power to reverse the original judgment, ruling, mediation, and re judgment, cut set, can also be a conciliation statement. Mediation book the original effective judgment, ruling, the conciliation statement execution stops.

The review by the people's court does not conform to the provisions of this law, written informed can apply for a public hearing on the 15 day, fails to apply for a ruling rejecting the application, the end of the case. The end of the people's courts at all levels in cases not accepted. The law except in exceptional circumstances.

A public hearing the case rule to reject the petition should comment hearing and hearing shall be sealed by the people's court shall seal, hearing opinions in the hearing officer signature.

Five, the "Civil Procedure Law" (revised in 2012) to add a provision as follows (let the wrong case rapid correct, error free case the rapid end, lighten the burden of parties and judges and burden):

The hearing is divided into simple and complex hearing procedure of hearing procedure. The simple procedure of hearing by more than 3 people 5 people following the hearing procedure; complex composed of more than 13 people under 23 people, hearing procedure by complex master or above personnel hearing committee hearing. In particular by the applicant to determine the number of the hearing officer.Note: one is the complex of hearingProcedures for the wrong case not correct no chance, no wrong cases that have no chance for misjudged cases;Two is the very important,The back has serious consequences, in favor of law enforcement. The consequences to the law;Three is the law is the last relief channels, the partiesSurface requires strict;Four is the hearing is a doctor inThe doctor, the host, the hearing officer to be fair, the conscience;Five is a three actionLaw the procedure of first instance, the second instance procedure is simple; apply for retrial, the retrial procedure is simple (procedure and the procedure of second instance trial should be simple), procuratorate supervision procedure is simple and the court of appeal procedure is simple, superior judicial authorities found wrong case corrective procedures simple, caused by money, beauty, honor, political future, family interference and individual power illegally pressure disturbance and wrong case correction and the emergence of new judicial injustice, petition. If the provisions of the three procedural laws: procuratorate did not protest cases, the parties disagree appeal shall be approved by the hearing committee hearing (hearing should be experts, lawyers in the enforcement hearing opinions), end, the parties do not appeal hearing should pay, not to pay the case ends; if the application for retrial, the court no longer the parties disagree should appeal to the hearing committee hearing (hearing should be experts, lawyers in the enforcement hearing opinions), end, the parties do not appeal hearing should pay, not to pay the case ends; if you have more than 10 doctoral tutors according to the legal opinion, the Supreme Judicial organs shall entrust the hearing committee hearing (hearing should be experts, lawyers participate) the enforcement hearing opinions, end, the parties do not appeal hearing should pay, not to pay the case ends; if the county (city, district) above the judicial administration department established administrative, civil law advisory committee, legal advisory committee by the judges, prosecutors, lawyers, Institute of political science and law experts and other components, the litigant request by the legal advisory committee member 5 people to 13 people to participate in the trial of the advisory opinion, and by the applicant to pay fee, the court should be approved . The judgment of the court to the Advisory Committee that result as the standard, to walk the litigation case ends, the public credibility of the judiciary to improve, not the referee appeals and complaints reduced by at least 80%, most of the judiciary staff welcome. The above provisions, the case is not much... .There are six cases notAnd not rapidly corrected blame prosecutors Dean and procuratorate long? Can't blame. The president of the court and the procuratorate is not god. This, prosecutors and the president of the procuratorate long borrows or pressure to work, prosecutors, and procuratorate long borrows or pressure to work, do not want to correct no chance, the complainant and the judiciary personnel to illegal profit no chance; the seven is to participate in the hearing. The more, the more paying.

The people's court or the parties believe that the simple procedure of hearing views are wrong, should be 15 days from the date of the people's court or the parties to apply for judicial administrative organ tissue complex procedure hearing after receiving the. The simple procedure of hearing views fails to apply for complex hearing hearing or complicated procedure hearing for final opinion.

The people's court has the mistake uncorrected cases, hearing of the cost borne by the people's court, the case without fault of the applicant. The wrong case involving a number of the people's court shall be borne by the people's Court of final effect.

The applicant has the right to choose the Justice Department organize the hearing.

Applicants to apply for a hearing fee by the applicant, the cost borne by the people's court, the people's court within 15 days of the receipt will be prepaid expenses row to the applicant to provide bank hearing comments on.

Public hearing committee by the public security, procuratorate Department expert genera, court, judicial, NPC, CPPCC, Institute of political science and law experts, NPC deputies and CPPCC members, the parties to the case, lawyers, journalists, ordinary people and so on; hearing comments by the public hearing committee member signature. Note: the hearing procedures complicated, recognized the case of wrong high accuracy than the judiciary, to participate in the hearing without money, beauty, honor, family interference and individual power illegally pressure disturbance.

The people's court notice 15 days hearing fee will not be overdue as a waiver. The views of retrial shall be hearing fee.

Note 1: this article, can quickly correct the wrong case and the rapid end, on the judiciary and the parties are solutions support, saving judicial resources, make the iron.

Note 2: "Civil Procedure Law" (revised in 2012) to 204th (one disaster after another that tens of thousands of cases that cannot be corrected,): the people's court shall review within three months from receipt of the application for retrial, in accordance with the provisions of this law, ruling retrial; do not conform to the provisions of this law, the court rejected the application. If extension is needed, approved by the president of the court. The application of a party concerned, ruling retrial cases tried by a people's court above the intermediate people's court, but the parties in accordance with the provisions of law 199th choice except to the grassroots people's court for retrial. The Supreme People's court, the higher people's Court of retrial case, the court retrial or make other people's court for retrial, the people's Court of retrial can also cross.

Note 3: why the Justice Department experts: the applicant to apply for personnel to participate in the relevant legal experts hearing person, should be in the Department of justice by professional experts in the random sample. The relevant legal experts hearing officer conditions: a strong political; two be familiar with the policy; three to understand the social conditions and public opinion; four to justice; five organization is my application or recommendation; six to love the party and country in the people to be honest; seven; eight units in the majority. This article make the litigants, lawyers, legal experts, representatives of the National People's Congress, the judiciary staff, journalists have nothing to say, people no case, case has no wrong by the law personnel to participate in the hearing concluded, increased the rapid relief channel.

Note: most of 4: not to the people's court hearing charges, workload is not big.

Note 5: the Justice Department formulate detailed rules according to the law, to ensure the justice of the hearing.

Note 6: This is the anti money, beauty, honor, family interference and individual power illegally pressure interference is the most effective way to.

Note 7: the court accepts the application for retrial and appeal to a waste of judicial resources. The three procedural law court accepts the application for retrial and appeal, the effect is not good, the error correction rate low, but also a waste of judicial resources and financial resources, material resources; the court is not good because of error correction and retrial is decided by a court leadership, and is the son of me correct the mistakes some of their own, or error correction is difficult, must repair the law reform, the court not to accept the application for retrial and appeal.

Note 9: as for the proposals do not, practice can come to a conclusion, the National People's Congress can also urge the Supreme People's court Xian Hangwen trial, the final rise to the law.

Six."Civil Procedure Law" (revised in 2012) should be deleted "Civil Procedure Law" (revised in 2012) to 209th (if the "Civil Procedure Law" (revised in 2012) 204th modified, the application for retrial can do is very strong, "Civil Procedure Law" (revised in 2012) 209th is redundant, and procuratorate protest the effect is not good.

"Civil Procedure Law" (revised in 2012) (209th revisionEffect is better than now, procuratorate don't monitor no chance): in one of the following cases, the parties may apply to the people's Procuratorate procuratorial suggestions or protest: (a) the people's court rejected the application for retrial; (two) the people's court fails to apply for retrial ruling; (three) if the second judgment, ruling is obviously wrong. The people's Procuratorate shall conduct examination within three months of the request of the parties concerned, not make the procuratorial suggestions or protest decision or not file a written informed decision, may apply for a public hearing on the 15 day, fails to apply for a concluded case. Case ends shall notify the party concerned in writing. The law except in exceptional circumstances.

Public hearing criminal cases not present procuratorial suggestions or protest decision or not filing the case, the end of the book should comment hearing opinions and hearing shall be sealed by the people's Procuratorate shall participate in the hearing, hearing opinions signed.

According to the people's court's Procuratorate hearings hearing procedure.

Note 1: "Civil Procedure Law" (Amendment 209th (2012)The article that tens of thousands of cases cannot be corrected, one disaster after another): in one of the following cases, the parties may apply to the people's Procuratorate procuratorial suggestions or protest: (a) the people's court rejected the application for retrial; (two) the people's court fails to apply for retrial ruling; (three) if the second judgment, ruling is obviously wrong. The people's Procuratorate shall conduct examination within three months of the request of the parties concerned, made or not present procuratorial suggestions or protest decision. The parties may not apply again to the people's Procuratorate procuratorial suggestions or protest.

Note 2: the procuratorate can do case, can the rapid end.

Seven. "Civil Procedure Law" (revised in 2012) added a (largely from the source to reduce the wrong cases and injustice cases, to reduce the pressure on the judge and the parties litigation burden and burden):

County (city, district) above the judicial and administrative departments of the establishment of civil legal advisory committee, legal advisory committee by the judges, prosecutors, lawyers, law school and other experts. Legal advisory Jane are easy to program and complicated procedures. Legal advice summary procedure and complex procedures chosen by the parties, legal advisory committee of the summary procedure of committee members from more than 3 people under 5 people participate in a collegial panel according to opinions, legal advisory committee complex program committee by the above 10 members under 20 people participate in a collegial panel according to advisory opinion, the advice of the Advisory Committee on judgment the book, the court on the advice of the Advisory Committee identified results shall prevail. Any of the following circumstances do not perform legal advice: one is the parties agreed to mediation; two is the opinion of the court the prevailing party put forward legal advice; three is the litigant to give up; four is the party fails to apply for legal advice; five is the party to apply for legal advice, fails to pay; six is the first instance of the law consultation; seven is involved in secret cases or privacy, approval of the Supreme People's court. Note: the public credibility of the judiciary to improve, not the referee appeals and complaints reduced by at least 80%, most of the judiciary staff welcome.

Note: as for the proposals do not, practice can come to a conclusion, the National People's Congress can also urge the Supreme People's court Xian Hangwen trial, the final rise to the law.

Eight."Civil Procedure Law" (revised in 2012) to increase a (largely from the source to reduce the wrong cases and injustice cases, to reduce the pressure on the judge and the parties litigation burden and burden, executive case system, solve different court or a court case law applicable to the same type of different terms, to ensure that law enforcement unification and the legislative intent, to achieve fairness and justice, make best efforts to reduce unjust cases and from the legal requirements on a best efforts to reduce the petition, promoting social stabilityAll levels of court case (:)China case refers to the court in the application of law case, not foreign law) system, superior court may lower court case publishing application in this area, the lower court cases and the Superior Court published case contradict invalid lower court case, in violation of the case should be decided by erroneous application of the law retrial. Can also add to the courts at all levels of law enforcement: application of decision system, the superior court may apply the law view lower court announced applicable within its jurisdiction, applicable law of lower court and Superior Court published views contradict the invalid, in violation of the law applicable opinions should be decided by erroneous application of the law retrial.

Note: This article, can save a large amount of funds each year, social contradictions and decrease, reduce.

Eight."Civil Procedure Law" (revised in 2012)Article 217thModified for (let keep legal person does not suffer, change the people do not believe in the law. Strengthen the execution of obligations, the person subjected to execution fails to perform the obligations before judgment, should limit consumption and other measures, to ensure that the rule of law implementation):The person subjected to execution fails to perform the execution notice the obligations specified in the legal document, the applicant to apply for limited execution consumption and other enforcement measures, shall make a ruling.

Ruling: content for the person subjected to execution fails to perform the execution notice specified in a legal document,The person to be enforced to court a written report current and received the enforcement notice has property in one year, and ruled that the person to be enforced to perform regular people's court report to determine, as to the legal instruments of compulsory execution date.

The person subjected to execution fails to perform the execution notice the obligations specified in the legal document, without approval, shall not be allowed to enter the entertainment, hotels and other high consumption places;

The person subjected to execution fails to perform the execution notice the obligations specified in the legal document, without approval, not by plane, train hard and above the shop, three class and above;

The person subjected to execution fails to perform the execution notice the obligations specified in the legal document, without approval, shall not be borrowed car rental and other units and individuals;

The person subjected to execution fails to perform the execution notice the obligations specified in the legal document, traffic cost, cost of living, in the court approved the range limit;

The person subjected to execution fails to perform the execution notice the obligations specified in the legal document, regularly to the court to declare; The person subjected to execution fails to perform the execution notice the obligations specified in the legal document, not to go out without approval;

The person subjected to execution fails to perform the execution notice the obligations specified in the legal document, the scope of expenditure and the amount shall be the executive court approval of expenditure.

The person subjected to execution fails to perform the execution notice the obligations specified in the legal document, receipts be deposited in the court appointed.

The person subjected to execution fails to perform the execution notice the obligations specified in the legal document, shall not use or consumption of other units and individuals.

The person subjected to execution fails to perform the execution notice the obligations specified in the legal document, must to designated locations to participate in the work.

The person subjected to execution fails to perform the execution notice the obligations specified in the legal document, the provisions of laws and judicial interpretation execution should fulfill the provisions.

One of the following acts, the person to be enforced shall not use the ruling: 1 being executed is a natural person, loss of ability to work, the person to be enforced to apply to the people's court approval; 2. is executed every year to the applicant in the stage to perform the obligations specified in the legal document, the person to be enforced, apply to the people's court approval; 3. is executed people in the stage to perform the obligations specified in the legal document and find someone to guarantee every year, the people's court approved; 4 other cases that should not use the ruling People's court.

The people's court received the request of the applicant, shall make a ruling within 5 days, the claimant and the respondent may, within 10 days of receipt of the ruling class of people apply for a court review class people, a court shall within 60 days to.

A person to be enforced refuses to report or makes a false report or not to implement the ruling content, the people's court may according to the main person to the person or his legal representative, the relevant units responsible for the seriousness or directly responsible shall be given a penalty, detention; constitutes a crime, shall be investigated for criminal responsibility according to law. The detention decision should be public security online pursuit.

Note: This article, saving funds at least 2000000000 per annum, not difficult to execute, reducing the number of the judges, accelerating the process of ruling the country by law. The core bar is mental control, let the execution executors have pressure, no debts, creditors, the money did not dare to consume and enjoy, debts, creditors, the rich should be severely punished, forced to perform.

Note 1: this article, can save a large amount of funds each year, social contradictions and decrease, reduce.

Note 2: the court is not as no chance.

Nine."Civil Procedure Law" (revised in 2012) added a (Strengthen the public security organ with the performance of duties according to law, to solve the problem to find the court execution, saving judicial resources, from the law to solve difficult execution):

The people's court for compulsory execution object, should be published in the online security, and in the household registration online records and pursuit (Note: the people's court 10 years cannot be found in the implementation, local police station 3 days to find the person to be enforced);

Public security organs, the court found that the execution object should be detained, custody, and notify the court.

The court coercive summons, the detention decision request the public security access to the Internet, the public security organ shall, on the Internet and recorded in the register online;

Applicants have discovered the execution object reported 110, the public security organs should quickly out of the police detention review, the object should advance detention, and notify the court to deal with.

Note 1: This article, can save a large amount of funds each year, reduce executive, social contradictions and decrease, reduce.

Note 2: This article, no department legislation.

Note 3: the national network, does not increase the fiscal expenditure and increase personnel.

Note 4: This article, law-abiding people do not suffer, the talent will be the letter of the law.

Note 5: the court is not as no chance.

 

Ten."Civil Procedure Law" (revised in 2012) added a (Strengthening the state organs, enterprises and institutions to ensure the smooth implementation of the law responsibility,):

State organs, enterprises and institutions responsible person and other staff in violation of the provisions of this law, by the competent authority shall give it a warning over the sanctions; if the circumstances are serious, giving marks above the disposition; if the circumstances are especially serious, be punished by dismissal. The unit shall be fined 300000 yuan, the person shall be fined 100000 yuan, the unit responsible for the detainee or relevant personnel 5, do not pay the fine, to the person in charge of the unit or the relevant personnel in detention for less than 60 days.

State organs, enterprises and institutions responsible person and other staff have the ability to execute the judgment of the people's court, mediation, the ruling is not executed, the competent organs shall give it a warning over the sanctions; if the circumstances are serious, giving marks above the disposition; if the circumstances are especially serious, given the punishment. The unit shall be fined 300000 yuan, the person shall be fined 100000 yuan, the unit responsible for the detainee or relevant personnel 5, do not pay the fine, to the person in charge of the unit or the relevant personnel in detention for less than 60 days. The unit shall be fined 300000 yuan, the person shall be fined 100000 yuan, the unit responsible for the detainee or relevant personnel 5, do not pay the fine, to the person in charge of the unit or the relevant personnel in detention for less than 60 days. Responsible for the unit shall be given a warning or penalty authority personnel should the superior man or; if the circumstances are serious, to give more sanctions; if the circumstances are especially serious, be punished by dismissal.

Natural person violates the provisions of this Law in detention, 5 years may not be as an enterprise as a legal person, the responsible person of the enterprise, corporate executives, financial personnel and business management personnel; repeatedly detained, 10 years may not be as an enterprise as a legal person, the responsible person of the enterprise, corporate executives, financial personnel and business management personnel.

The relevant state authorities should make specific provisions in the rules. The law on the punishment provided otherwise, in accordance with the provisions; constitutes a crime, shall be investigated for criminal responsibility according to law.

Violation of the provisions of this law, no serious consequences, take the initiative to correct the violations, compensation for losses, shall be given a lighter, mitigated punishment or punishment.

Note: This article, can save a large amount of funds each year, reduce and reduce social contradiction, unity, law enforcement.