关于鹤壁法院民事发回重审案件的调研报告
发布时间：2018-08-27 06:18
【摘要】：通过对河南鹤壁法院民事二审发回重审案件数量、趋势、特征以及存在问题的调查研究,分析其中存在的主客观规律,结合理论和实践,提出解决问题的适应性对策。发回重审制度是我国民事诉讼法规定的,民事案件经二审程序审理后的一种处理方法,与维持原判和改判相对应。立法目的在于通过重新审理,消除原一审判决存在的事实不清或者程序不公情况。就鹤壁中院的审判实践调研发现,发回重审案件数量并没有像其他地方法院那样逐年递增,相反在过去五年的时间,发回重审案件所占民事二审结案的比重逐年递减,产生这一现象的原因值得探讨。而在发回重审的案件中,按照司法统计分类标准,以合同纠纷数量最多；将全年发回重审的数量分为四个季度分析,发现在第二季度和第四季度数量激增。鹤壁中院民事二审发回重审案件的这些迥异于其他法院的特点,有其发生的独特原因,既与“先天”有关,又受到全国主要是所在省的审判考核制度和审务管理制度的影响。基本维持在高位的发回重审比率,衍生出许多的问题。
[Abstract]:Based on the investigation and study of the number, trend, characteristics and existing problems of the civil retrial cases sent back to Hebi Court in Henan Province, the subjective and objective laws are analyzed, and the adaptive countermeasures to solve the problems are put forward in combination with the theory and practice. The system of retrial is stipulated in the Civil procedure Law of our country. A method of handling civil cases after being tried by the second instance procedure corresponds to the maintenance of the original judgment and the revision of the sentence. The purpose of the legislation is to eliminate the fact ambiguity or procedural injustice of the original first instance judgment through retrial. According to the trial practice of Hebi Intermediate people's Court, it is found that the number of retrial cases sent back is not increasing year by year as other local courts do. On the contrary, in the past five years, the proportion of civil second instance cases sent back to trial has decreased year by year. The causes of this phenomenon are worth exploring. In the case of retrial, according to the judicial statistical classification standard, the number of contract disputes is the most; the number of cases returned for the whole year is divided into four quarters analysis, found in the second quarter and the fourth quarter of the increase in the number. These retrial cases sent back by Hebi Intermediate people's Court are different from the characteristics of other courts, and have their unique reasons, which are related to "innate", and influenced by the judicial examination system and the trial management system of the main province in China. Basically maintain a high rate of return to review, derived from a lot of problems.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.1;D926.22
本文编号：2206386
[Abstract]:Based on the investigation and study of the number, trend, characteristics and existing problems of the civil retrial cases sent back to Hebi Court in Henan Province, the subjective and objective laws are analyzed, and the adaptive countermeasures to solve the problems are put forward in combination with the theory and practice. The system of retrial is stipulated in the Civil procedure Law of our country. A method of handling civil cases after being tried by the second instance procedure corresponds to the maintenance of the original judgment and the revision of the sentence. The purpose of the legislation is to eliminate the fact ambiguity or procedural injustice of the original first instance judgment through retrial. According to the trial practice of Hebi Intermediate people's Court, it is found that the number of retrial cases sent back is not increasing year by year as other local courts do. On the contrary, in the past five years, the proportion of civil second instance cases sent back to trial has decreased year by year. The causes of this phenomenon are worth exploring. In the case of retrial, according to the judicial statistical classification standard, the number of contract disputes is the most; the number of cases returned for the whole year is divided into four quarters analysis, found in the second quarter and the fourth quarter of the increase in the number. These retrial cases sent back by Hebi Intermediate people's Court are different from the characteristics of other courts, and have their unique reasons, which are related to "innate", and influenced by the judicial examination system and the trial management system of the main province in China. Basically maintain a high rate of return to review, derived from a lot of problems.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.1;D926.22
【引证文献】
相关期刊论文 前1条
1 刘芳;;新民事诉讼法对上诉发回重审的修改[J];金田;2013年06期
，本文编号：2206386
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