Tuesday, February 8, 2011

Reform

 Editorial

1 28, the Supreme People's Court issued a transformation of the case referrals, norms and other aspects of remand. Overall, the

under the And the upper and lower levels of public security, prosecution between the But in reality, does have some of the court For example, early intervention, listening to the reports, the lower court has asked the layer by layer, according to the direction of negotiations. Local courts are responsible for some of them even said: Choose to go to court because the civil court, not only because justice is the Losing the first instance, you can appeal, second instance is final and if the judge does find an error, you can also apply for a retrial. If all programs outside of the

should be affirmed, the jurisdiction. This means that if a higher court supervision and guidance of the scope, modalities and procedures are not within the statutory range, to be illegal, invalid

In addition, the The so-called People's Court. It is understood, the Supreme Court to make this stipulation, generally based on two purposes: first, disguised to cancel the case instructions. Accordance with the In the rule of law, higher courts in addition to hearing cases, monitoring subordinates, need to take guidance for the next trial, a uniform law applicable to the functions. Proceedings of the case asked the transformation, a higher court can concentrate on dealing with the difficult problem of law application. Relevant case law guiding the formation of the referee may also prevent the recurrence of

In the past, many mystery why protracted, often because of the lower court refuse responsibility for each other. Sometimes facts of the case of first instance have been ascertained, or can not find out, and there are no violation of procedure, the superior court is still Some of the higher court remanded the case, only the general overview of the reasons, or only in the Even the fact that the trial court of second instance is unclear because of lack of evidence the case remanded, in principle, can only be remanded again.

But it must be noted that the Long term, to further standardize the lower court in the trial, the relationship between judicial and administrative matters, primarily by modifying the

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