home|list Civilian draft of amendment telling a way 3 careful; With " the year on each province year average wage 30% the following " to allow; By the standard signed up for dispatch for 12 thousand yuan of new capital 2011 small the civil case that lawsuit can use final judgment of first instance of simple and easy program, the forehead of mark plans to be adjusted again, by 2 go over a manuscript or draft " sheer number " 10 thousand yuan the following, repair instead " relative number " , with " personnel of obtain employment graham replica of the year on each province, municipality, municipality directly under the Central Government year average wage 30% the following " to allow. Namely what case can be pressed small processing of final judgment of litigant first instance, by the area year decision of average wage standard. Yesterday, standing committee of countrywide National People's Congress is discussed the 3rd times civilian draft of amendment telling a way, right small the forehead of litigant mark make as above adjust. The forehead of mark is adjusted every year according to average wage this second civilian overhaul telling a way, small because litigant system can dissolve contradictory dispute in time, improve litigant efficiency, be regarded as to repair one of law window all the time. But how to decide after all small the forehead of litigant mark, discussed draft 3 times to use 3 kinds of different levels. First instance draft will be small the frontal regulation of litigant mark is " 5000 yuan the following " . Be versed in according to law of countrywide National People's Congress appoint concerned controller introduces, the first time after discussing, somebody thinks, unfavorable it is the forehead of mark 5000 yuan certainly such " sheer number " , the proposal develops a standard according to economy, set " relative number " . 2 go over a manuscript or draft raise doorsill regulation to be " 10 thousand yuan the following " . Yesterday 3 in going over a manuscript or draft, committee of law of countrywide National People's Congress studies via relapsing with concerned branch, the proposal is the forehead of mark relative number certainly -- the forehead of mark is personnel of obtain employment of the year on each province, municipality, municipality directly under the Central Government year average wage 30% the following. Vice director of council of law of countrywide replica maurice lacroix National People's Congress says when commissarial Li Kuo, use " relative number " replica watches standard, basically be to consider society of economy of our country various places develops disequilibrium, accord with real need. According to the data that national statistic bureau provides, average wage standard was personnel of obtain employment of countrywide town unit 2011 41799 yuan, press 30% computation, the most city that visit an area is the whole nation 12000 multivariate. According to draft regulation, town of each province area is small the forehead of litigant mark will differ, and will annual undertake adjustment according to year of average wage number that announce. Applicable order is small lawsuit must satisfy courtyard of law of university of people of 3 conditions China to teach Jiang Wei to say, first instance draft, 2 go over a manuscript tag watches replica or draft to set, party both sides can agree applicable and simple and easy program. Go small lawsuit is OK first instance final judgment, can have quite quantitative party, replace average order with simple and easy program? Say when Li Kuo, see of purpose when 2 careful put forward, code should clear and small of lawsuit " restricted condition " . Accordingly, 3 go over a manuscript or draft clear, small lawsuit must satisfy 3 requirements: The fact is clear; Right obligation impact is clear; Dispute is not big. Increase a provision newly, "The court is in cognizance process, discover the case shoulds not be applicable and simple and easy of the program, the ruling turns for average order " . ¡ö law change is malign litigant our country plans to build litigation of ill will of law keep within limits in recent years, baleful contentious case produces frequently in judicatory practice, the exemple is some more consistent leasehold dispute and divorce case, bilateral party ill will is colluded with, try to carry the kind such as lawsuit, mediation, arbitration, dodge the creditor, embezzlement tripartite belongings, evade legal obligation. To baleful lawsuit, first instance draft, 2 go over a manuscript or draft to ever enacted chasten measure, collude with party to be in to ill will in order to fine, detain or find out punishment duty lawfully. But committee members of some members of standing committee, branch and expert put forward, still should add the relief channel of person of counterproposal tegument enroach on. For instance baleful lawsuit embezzlement tripartite belongings, dodge the creditor, just be mixed by trespass creditor's rights square, sue bring a case to court extremely likely to this none know the inside story, did not appear in court so, namely and the litigant effectiveness for a given period of time that missed dimension authority. Vice director of council of law of countrywide National People's Congress says when commissarial Li Kuo, 3 go over a manuscript or draft already establish relief channel: Because cannot return duty the main content at oneself, did not join suit, but have evidential proof, the court decision that already produced legal effectiveness, ruling, share that mediates a book is total perhaps content mistake, damage its civil rights, can know oneself so or ought to know its are civil since the day that rights and interests is damaged inside 60 days, to the forensic to lodge a complaint that makes book of this court decision, ruling, mediation. Forensic classics is tried, lawsuit requests to hold water, should be changed or book of cancel original court decision, ruling, mediation. Case of rehear case solatium but bos stops carry out the case that carries out to rehear case break down, 2 go over a manuscript or draft to ever set, the case that decides rehear according to adjudgement monitor can rule of book of break down original court decision, mediation carry out. Say when Li Kuo, some standing committee committee members and expert put forward, the court decides the case of rehear, in principle should be carried out when break down. But to affecting the party bread, case that involves life health, if recover cost of solatium, alimony, medical treatment to wait, code should " break rules " , permit these cases need not break down is carried out. Accordingly, 3 go over a manuscript or draft programs of pair of rehear break down, set " exceptional " clause, set " the case that decides rehear according to adjudgement monitor, of book of original court decision of ruling break down, ruling, mediation carry out, but recover solatium, bring up cost, cradle the case such as reward of charge of cost, pension, medical treatment, work, need not break down is carried out. " suit of group of rehear careful level can be contrasted by review of first trial court 2 go over a manuscript or draft, what case can mention to first trial court rehear, 3 go over a manuscript or draft raised group suit status. 2 go over a manuscript or draft pair of rehear careful class, ever was like this regulation, "Up review of court of one class people; Happen in the case between the citizen, also can apply for rehear to first trial court " . Express when Li Kuo, to this, some standing committee committee members and top people court put forward, number of one party of some cases party is numerous, by review of first trial court, be helpful for making a thorough investigation of fact, settle dispute in place. 3 go over a manuscript or draft adopted this opinion, increase a provision newly, "The case with numerous number of party one party, also can apply for rehear to first trial court " . Procuratorial work supervises tone to read or consult dossier does not make specific provision be supervised to the procuratorial work of civil suit, law group is put in different point of view. Somebody thinks to should give aggrandizement, but also somebody thinks, the procuratorate is right of the court had supervised big, meeting influence judiciary is independent. According to media coverage, revised in a small way 2007 civilian when telling a way, the procuratorate ever drove aggrandizement procuratorate to be supervised to the law of civil suit, but this long law did not make a provision to this. This second overhaul, discuss draft 3 times to all be made clear, procuratorial work mechanism has legal superintendence to civil suit, stipulate the procuratorate has authority to execute law to supervise to civil suit with means of procuratorial work proposal, counterappeal. But first instance stalks of grain and 2 go over a manuscript or draft to ever set, "Because the procuratorate raises procuratorial work proposal or counterappeal need, can consult forensic suit dossier, verify concerned condition to party or case alien investigation " . But 3 go over a manuscript or draft, withhold only " verify concerned condition to party or case alien investigation " . Chief says related standing committee of countrywide National People's Congress, top magic art, highest check supervises practice case according to adjudgement and law, proposal 3 go over a manuscript or draft make as above revise, exchange is read or consult, do not make specific provision. ¡ö focal commonweal lawsuit is maintained 2 go over a manuscript or draft compasses definitive edition second civilian overhaul telling a way, from first instance draft arrives 3 go over a manuscript or draft, all kept commonweal lawsuit right, be considered as one of the greatest legislative watch replicas progress. But, to who authority mentions commonweal lawsuit, academia appeals all the time relax " doorsill " , allow to lodge a complaint of imperscriptible society group. First instance draft sets, "Numerous to polluting environment, enroach on consumer is lawful rights and interests damage a society the behavior of public interest, organization of concerned mechanism, society is OK to forensic to lodge a complaint " . 2 go over a manuscript or draft to go up in this foundation, again demarcate commonweal lawsuit submits to qualification, set " the office that law sets and concerned society organization, ability is qualified " . University of politics and law of vice-chairman of seminar of Chinese environment law, China teachs Cao Mingde to express, according to active code of civil law, in environmental commonweal lawsuit, environmental protection is not governmental organization not to possess accuser qualification. But in judicatory practice, this respect already had major breakthrough, there already was environmental protection to be not governmental organization to mention toy watch copies before this lawsuit of environmental protection commonweal. Courtyard of law of Chinese people university teachs Jiang Wei to say: In other country, the individual also can mention commonweal lawsuit. Commonweal lawsuit involves an issue, the relation of the administration advantageous position of national office and identity of civil main body. For instance the environment pollutes lawsuit, environmental protection branch is the function branch that code counterpoises truly, but eliminate pollution and chasten pollution square, also be the administrative function of environmental protection branch, so although environmental protection branch at this point to forensic to lodge a complaint, the court also needs to seek its opinion, so gift lawsuit of commonweal of environmental protection branch submits to to counterpoise, without real significance. New capital signs up for a reporter Wang Shu civilian accuses the law edits course 1982 civilian try out telling a way the 22nd times the conference discusses standing committee of National People's Congress of 5 whole nations passed " code of civil law of People's Republic of China " . Countrywide National People's Congress was passed in April 1991 civilian National People's Congress of whole nation telling a way is passed civilian tell a way, this is 1982 civilian the complement on the foundation that tells a way is revised and become. Law basically is to adjust litigant pattern, of aggrandizement party appeal to authority, change forensic jurisdiction infirmly. 2007 civilian accuse the law is revised first civilian after appealing to a law to carry out 16 years, revise first, but modification content is not much. What basically revise is executive program and review process, of aggrandizement party appeal to authority, adjust forensic jurisdiction, compare mature litigant system change forward. Amendment draft first instance submitted to to discuss on October 24, 2011 civilian appeal to what law amendment draft shares 50 many article to revise. New regulation includes to add commonweal suit system; Organization of mechanism, society can raise commonweal lawsuit; Final judgment of first instance of 5000 yuan of the following and civil cases. Discussed 2 times 2 times on April 24, 2012 discuss draft regulation to include: Final judgment of first instance of 10 thousand yuan of the following civil case; Small the forehead of litigant mark is added by 5000 yuan reach 10 thousand yuan; Commonweal lawsuit principal part is clear, the office that law sets and can wait to forensic to lodge a complaint about social organization. Internet Marketing And cosplay for kids Marketing And Rules Of Producing Funds Square Observe This Season'S Fashions halloween cat costumes Focus Costumes Jewellery Sets - How To Get Care Of Your Freshwater Pearl Cosplay Jewellery Whilst Keeping It Safe Elegant Women's cosplay costumes How to find Suitable Silhouette on your halloween costumes? 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