民事訴訟錯案成本及其相關問題研究.pdf

1、南京師范大學碩士學位論文民事訴訟錯案成本及其相關問題研究姓名：戴中保申請學位級別：碩士專業(yè)：法學；法律指導教師：汪漢斌2009-05-20Abstract IIAbstract Abstract As China's economic development, the effective implementation of the rule of law policy and the enhancement of legal a

2、wareness of citizens, the number of civil cases at an alarming rate is rising by an astonishing speed. A “l(fā)itigation explosion“ era is quietly coming to us. However, with the increasing base number of cases, the rate of

3、 cases being reheard or retried is also constantly being refreshed. Logically, the civil case which is reheard is not necessarily the wrong case. It can not be denied, they accounted for the majority of the wrong cases.

4、The impact of wrong civil cases is various, including the waste of the judicial resources and costs of legal litigants. From an economic point of view, it is a kind of input without any output. In today's world, the

5、market economy is the main economic form and all kinds of resources at the global level are rather scarce. The wrong civil case is clearly not in a line with this trend. Therefore, to study the wrong case from the cost p

6、oint of view, whether it is for the party or the country, is very necessary. This article includes five parts: In the introduction, the author uses some data to illustrate that there are some wrong civil cases in judicia

7、l practice. Judges and other judicial officers try illegally and unrighteously sometimes. Therefore, it is worthy to study wrong case. In the second part, the writer mainly analyses the concept of civil wrong case with a

8、 deep historical research. The probability of occurrence and the component of the cost of the wrong case are the emphasis of the third party, which are used to reveal fully the harm to parties and the country. The curren

9、t system of punishment of the judge for the wrong civil case will be discussed in the forth part. The author point out the weaknesses of the current system and evaluate the system from the point of reducing the cost of t

10、he party especially. In the last part, the writer designs the new systems to cut down the litigation cost of the litigants, such as expanding the scope of state compensation, the establishment of a legal aid fund and lit