But in our country , police hardly appear in court to assist public prosecution at the request of the public prosecutor , Judges also have not enough authority and legal grounds to summon police to court , let alone the defense party .
The historical development and existing state of the preparatory procedure of China's civil action reveals that the construction of the preparatory procedure for the civil action is the objective request for the negation of negation of the preparatory procedure, and its construction can effectively solve a number of problems in our civil court cases.
One of its tenable conditions is that the counterclaim request and the action request origin from the identical legal relationship or the identical fact.
So, this article proposes the concept of counterclaim invalidity that the defendant must mention the counterclaim from the identical legal relationship or the identical fact with the action in the same process; he will lose the right to propose this request in the later lawsuit if he does not propose this counterclaim.
It is difficult to accomplish the demurrer request of the injured in our country's cases of public prosecution due to the restrictions of demurrer conditions.
According to the civil procedure of China the retry procedure may be initiated by court at its own initiative, the procuratorate’s protest and the parties’ request.
According to China's current Criminal Procedure Law Article 182, the victim only have the right to request the People’s Procuratorate to present a protest against the judgment of first instance that did not come to efficient, without right of appeal.
Forum Non-Convenience is system whereby the court may, upon the request of a party, decide to discontinue a civil or commercial lawsuit involving foreign elements.
Therefore,to realize the right to verify his/her innocence,we should establish the rules for the accused to collect evidence and improve the situation for the counsel to collect evidence as well as safeguard the rights of request raised by the accused and his counsel for justice organs to investigate and collect evidence.
Due in part to the fact that sexual harassment cases have bearings on public welfare,both plaintiffs and the accused can request the court to obtain evidence and the court should actively use its authority to order the presentation of relevant evidence.
To set up an ideal restricting mechanism, the first step is to well dispose the power , which means to divide it into the power of request , the power of deciding , the power of implementing, the power of locking up , and so on.
Our new development in the reform of pre-trial procedure is to strengthen the evidences providing of the defendant and the accused, specify the scopes of the court about rights to make investigations and gain evidences, exchange evidences before the court, discharge the power of evidence, examine and separate, make clear of the change of the deadline of litigation request of the clients.
The compulsory civil executive power is the request right in private law for the creditors, which is realized by compulsory civil executive departments to enforce the debtors to fulfill their obligations.
According to the prescripts of the People's Republic of China Arbitration Law, this paper analyses and demonstrates the necessary of formulating the arbitration document format, the principle of formulating arbitration document format, the principle of formulating arbitration documents, and the classification of arbitration documents. It indicates that unifying arbitration document format is the need of carrying out Arbitration Law, assuring the arbitration quality and the law validity of the party arbitrat...
The development of the legal aid in China has undergone a process from 1994, the initial period,to nowadays.The notion of legal aid can be used both in a broad and a narrow sense. The nature of legal aid is the aid of law, i.e. the acts to aid individual citizens or the acts that people's courts do not charge, charge less or defer to charge the persons receiving legal aid, in order to provide aid in the aspect of law to safeguard their legitimate rights and interests. Legal aid has the following characteris...
It is a universal phenomenun in public prosecution of criminal cases in China that both accusing and defending sides intentionally conceal the key evidence before court hearing and make such a surprise attach on the other side during the court hearing that the other party has to request a dilatory motion from the court.And this practice is legal in China's law.This instance of legislation,however,goes against the reform goal of promoting court hearing efficiency,removing the judge's settlement of a la...