analysis of the prosecution how to strengthen civil trial capricious and arbitrary legal monitoring（起诉的分析如何加强民事审判反复无常的和任意的法律监控）.doc

Analysis of the prosecution how to strengthen civil trial capricious and arbitrary legal monitoring Write papers Net: Supreme Court president Wang Shengjun On the civil trial of the “four challenges”, said: The current outstanding problems in the civil trial judge should be capricious and arbitrary, and the lack of proper punishment! In this regard, the author of several years of work experience, that the judge’s capricious and arbitrary injustice is caused by the case, the main complaint the complainant four one paper, for the civil judges appear capricious and arbitrary in the case of what the prosecution should be how to strengthen the supervision on this issue. A civil trial capricious and arbitrary form of expression In the course of civil litigation, civil, administrative capricious and arbitrary acts mainly as an objective intent contrary to the facts and the law capricious and arbitrary behavior. Should have a dispute with the capricious and arbitrary decision, the judge permitted by law within the scope of discretion, the referee to determine the rights and obligations of the parties to bear a certain proportion of such cases to distinguish between bias. 1, contrary to the facts of intentional behavior. Facts of the case occurred in the proceedings before the existence of the facts of the case and its occurrence, change, destroy, must be determined by the judges, is identified based on evidence of judges reviewed to determine, collect evidence process is the process of facts, such as Research the complainant, the complainant Zhu and Zhang’s case, the judge found facts contrary to the fact that there is intentional behavior Zhu, who hit the vehicle is a long head of the liberation of brand cars, the suspension of the license plates of vehicles are scrapped Zhang has used on license plates, Zhu Zhang with the license plate and vehicle owners sue affiliated units and Research the legal representative of the unit, the traffic police brigade i