analysis of defects referee relief（分析缺陷裁判的救济）.docVIP

Analysis of defects referee relief Abstract flaws referee, although only a small error referee, but the relationship between the interests of the parties, it is worth our attention and research, but our current civil law but lack the appropriate means of relief behind this is reflected in disregard of procedural justice and The urgent need to improve the level of judicial judicial personnel. for flaws referee, we should set up the the corresponding defects referee correction procedures to relief. The Paper Keywords defects referee program dispute correction procedures First, the problem of the proposed An impartial referee, for the parties, means the realization of justice for the court is concerned, means that the terms of reference of the reasonable and appropriate exercise for the maintenance of the social order, and judicial credibility, have an immeasurable impact. However, civil trial practice, due to various factors, often different types of various defects in the People’s Court civil judgment document, which bring many adverse effects described in this thesis, starting from our existing flaws referee Civil Procedure specification explore flaws the referee of relief path and its analysis and exploration of perfect flaws referee correction program so as to promote China’s Civil Procedure. Second, the definition of the concept The flaws the referee, that the Civil Magistrate small defects for a qualified civil referee, our legal requirements “the facts are clear, the evidence fully and correctly applies the law”, and is a legitimate program. Civil referee there may be several reasons: the determination of facts is unclear, or insufficient evidence, the applicable law is incorrect, without due process. In the relevant provisions of the Civil Procedure Law, for the pursuit of substantive justice and procedural justice, identified the facts, the applicable law and procedures and applications problems generally be dealt with through the app