论民事发回重审制度.pdf

黑龙江大学硕士学位论文 I删Ⅷ4Ⅲ㈣㈣00咖I眦IIII帆 Abstract The remanding isthemost important system intheprocedure of civillawsuit of our country,which plays roleinprotecting thelegitimacy ofprocedure, protecting theprofits of theleveloftrial,as well as maintaining the function ing丘om the functional division of courts which are different levels of trial. According tothe relativerolesofthelaw ofcivillawsuit of our country,the remanding re-trialsystem belongs totheway ofsupervision丘om theretrial court tothe court of fin'stinstance,which reflectstheimplement ofprinciple ofthesecond instance asthe final,whose value and meaning is not onlysupervise and urge thejudge ofthetrial court tofulfilltheirduties,to verdictimpartially,but alsoprotect theparties to save their rights which are damaged because ofthefact orthemistake ofprocedure inthefirst trialby remanding re-trialsystem plays a very important role in safeguarding thejustice ofsubstantial,procedure andtheprocedural rights the recent years,the amounts of cases being remanding re—trial incivillawsuit in our country isincreasing continuously,the law ofcivillawsuit about remanding re。trial system isput intopractice on January 1,20 3,which amends some roles on the remanding re-trialsystem,for example,it restrictsthetimes ofremanding re-trialowing tothemistake ofprocedure;in theyear of2015,thesupreme people’S court introduced theexplanation ofapplying the law ofcivillawsuit ofthepeople’Srepublic ofchina, which definitethedefinition ofthebasic fact,detail thesituation ofbreaking thelegal procedure seriously,perfect our country’S remanding re-trialsystem further,as well as whose reality meaning to thejudicial practice ,even though our country’S civillawsuit fieldhasalready amended once and replenished many times to theremanding re-trialsystem,while there are stillsome questions init,such asignoring two parties rights of the choice ofprocedure,along with the deficiency of the supervisory and re