論發(fā)回重審——以中部地區(qū)某中級(jí)法院為考察對(duì)象.pdf

1、湘潭大學(xué)碩士學(xué)位論文論發(fā)回重審——以中部地區(qū)某中級(jí)法院為考察對(duì)象姓名：呂鳴申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：法律·民事訴訟法指導(dǎo)教師：廖永安20071001IIABSTRACT As an important litigation institution，sending back retries a case is the directest and concretest embody of the hi

2、gher court exercising the power of judge surpervision. Its aim is to pretect the judge's justice. But in late years,theory and practice circles raise a query for this institution. Looking

3、from the judicial practice,the institution has many defect. The lesgislative backward causes the institution can't adapt the situational development. Specific standards for a relatively vague, lack of

4、objectivity, and resulted in remandment during the actual operation of instability and randomness. Sending back retries a case disobey the demand of justice and efficiency. It causes the litigation comes

5、back to the initiative state. The procedure repeatition causes many cases can't have a conclusion for many years. The quality of remedy which sending back retries a case embody is passive.

6、 It should come back to the lower court,and the judge function of the higher court is unoccupied. Sending back retries a case can't be recoursed to law,so it is not supervisory. The cur

7、rent law has not regulated any mechanism to evaluate itself correct or not. Without the supervision ,it can cause the judicial corruptness. The article analyses the moving condition of the institution in

8、 judicial practice throngh carring out investigation and study，and excavates the system problem and comes up personal advice ，in order to perfect the civil procedure and promote the judicial just