Known to all, deeply affected by the Soviet Union our civil procedure law. Whether it is a 1982 trial in civil procedure law, still 1991 in plain near the civil procedure law in fuzzy visible before Soviet plain nearly litigation practical and detailed track of shadow, civilian censorship is medium one. After the collapse of the former Soviet Union, Russia in the administration of justice stopped many rehabilitation, constitute the unique characteristics of Contemporary Russian judicial system. The Russian civilian censorship of as the appraisal object, through examination of process history, comparative research methods, observations and analysis of Russia's recent litigation review in essence, authority to review the role and plain about censorship of running state, analysis of the of my civil censorship of significance, and combined with the judicial practice in China, put forward perfect my civil censorship of the fundamental thoughts. Apart from introduction and conclusion, this paper consists of five parts, about 16 words. In the first chapter, the first chapter of "the right to examine the right" is divided into two sections. The first section is to review the nature of the right to stop positioning. In Russia, although debate on the review authority in the state organ system position and role performance has always not been stagnant, however, a fundamental resonance examination organ monitoring position is Eph into shaking. This is not only to understand the legal provisions, and the actual and practical circles have reached consensus, differences in the understanding and familiar with. The core of each theory debate focused on this kind of monitoring rights should belong to any one country right branch. And Russia is similar, I also review of the quintessence of Chinese culture right disagree. But the difference is that the power of the review of the review is not a scholar's resonance. The in of all kinds of theories are introduced to analyze the basic, the joint Russian experience is presented in this paper on the review of the right properties defined in the existing political system and constitutional view, the right to review is the right which has the nature of surveillance. At the same time, the review of the surveillance is "detailed" judicial surveillance, is a French surveillance. Section two important is for civilian power to review internal analysis, thought the Russian plain near the right to review the internal experience from internal monitoring to internal monitoring and external monitoring coexist, long review power also from the trials movement to implement comprehensive monitoring to now infinite, there is a prerequisite for the monitoring of the process. Anti indecent in China, traditionally dominated by protest to review the surveillance method is becoming more and more questions, the theory of rebirth method for judicial position faint and flattening, entrusts with the rebirth method to the proper judicial position is imperative. The second chapter "civilian censorship of the basic theoretical issues important is examination of organs involved in civilian litigation actual. The first section is an important interpretation of the historical origins of the national review of the track system of judicial supervision of Lenin. Review organs involved in civilian litigation is Lenin's thought of the judicial supervision of the main components of the Department, its essence is enhanced judicial supervision, extended state interference in private, to complete the same legal. It can be said that Lenin thought is the judicial supervision of the former Soviet Union, but also China's censorship system established the main practical basic. The second section describes the relevant review of the civil litigation involved in the actual dispute. After the collapse of the former Soviet Union, Lenin's thought of judicial supervision provoked, the authority to review the surveillance beginning by doubts and criticism, court beginning to veto authority for review of interrogation motion monitoring, review organs involved in civilian litigation indecent point was modified. After all new Russian plain near civil procedure code the position of mediating, examination and approval organs involved in litigation, however weakened the the original rights. Similar to the Russian, I have also experienced civil review system from the support to doubt the process of. In 20 century 80 years judicial reform before the examining authorities in plain near the civil procedure legal, reasonable and not being questioned. Follow the judicial reform continuously deep, review agencies involved in the civil lawsuit is increasingly being questioned. Article in familiar and the analysis of various theories basically, from the authorities in charge of examination and interventional plain near the court of the constitution of the peacekeeping ought to dimension two demonstrates the authorities in charge of examination and plain near the court need intervention. The third section to the second section on the review authority intervention plain near the actions needed for basic and analysis into the relationship between litigation review organ and the court, the parties. Ancient plain near judicial affair is to trial rights and litigation rights as the basic structure and the right to review into plain in civil procedure, should consider the right to review and trial right, the parties, the right of the relationship that doesn't hurt in the trial and the right to appeal the fundamental structure of litigation, protection trial independent conditions, the pursuit of fair right to review the roles. In Russia, follow the new plain near the Civil Procedure Law of the promulgation and implementation of, the court and the parties slowly release the examination organ of civilian trials movement surveillance and containment, has increasingly become the independent subject of litigation. Authority to review also by watching the original commanding change is representative of the French participants of the litigation, the interests of the state and national benefits. I review system for civil public surveillance in theory in the traditional philosophy onslaught encounter all sorts of conflict and friction, ingratiatory 目录: |
