Civil Wrong Case

In the "Reporf'of the 15th CPC conference, general secretary, Jiang Zemin used the words "rule by law" instead of "law system" , which marks China construction of rule by law stepping into stage of law-executing from stage of law-creating. In this new stage, wrong cases and wrong civil cases are the tiger that are in the way of rule by law. If the problem is not solved, rule by law is probably to be illusion. "Wrong Studies on Civil Cases"is a try of solving the problem.From that start, we define the, concept of wrong cases as well as its status statistics, and search for reasons for their produce, and think about solutions to abolish their origin. Finally, civil wrong cases are formed in system."Studies on Wrong Civil Cases" is composed of introduction and other four parts.In the introduction, we bring about problems, define the concepts of wrong cases and civil wrong case, and study thought, meaning, and manners of wrong civil cases study.We believe, that wrong case means, when judges are interrogating civil litigation, they make wrong sentence or arbitration because of recognizing facts unclearly and using law incorrectly. The clue of "Wrong Civil Cases" is investigating the status of wrong civil cases, and then executing statistics analysis, and then find out reasons for wrong cases, and bring about measures and solutions so as to abolish the origin of wrong cases. Moreover, we produce series of solutions to prevent and correct wrong cases, and break up the foundation of wrong cases. By this means, finally we offer reference for revising "Civil Law", "Civil Process Law", "Organization Law of People's Court", and "Judge Law", and erect wrong civil cases responsibility-tracing system, in order to reduce produce of wrong civil cases.Part one, "The Theories", focuses on discussing the major theories concerning wrong civil cases. In tail, it expounds the relationship between theory of knowledge of dialectical materialism and wrong civil cases. This part also includes the relationship between objective and litigation truth and wrong civil cases, the effects on wrong civil cases by the misunderstanding of the value of civil litigation, and the relationship between justice, efficiency and wrong civil cases. Thus from theory of knowledge, the common theory, we find its real source, correct the understanding, and get rid of the theory obstacles for reducing the rate of wrong civil cases.Part two, "The Status Quo", focus on statistically analyzing problems such as proportion, severe degree, and scope of wrong civil cases. Also, we study present prevention, and correction measures of wrong civil cases. Our research area still includes national and international wrong civil cases, especially research status of wrong civil cases, problems in research and research development tendency. We explain that wrong civil cases exist in arbitration of civil litigation of economy, life, culture, etc, and they are in the charge of economic court and civil court. There are four kinds of wrong civil cases, including litigant appealing and nor appealing cases as well as procuratorate appealing cases. The proportion of wrong civil cases is large. The profit of one party is damaged, dignity of law is belittled, and gangland has soil to grow. The appearance state power is hurt. Market economic order is interrupted. These are bad consequence of wrong civil law, which prevents enhancement of judges' qualities. So wrong civil cases become more and more, law system construction and social customs are badly influenced. Wrong civil cases have the characters of large quantity and small damage to litigant. Consequently, litigants and judges don't attach as importance to them as to criminal cases or administration cases.The key point of the wrong civil cases study abroad is the standard of wrong civil case, and main reasons for it, and so on. Overseas, there are twoprevention and correction measures to wrong civil cases. One is interrogation and supervision procedure (of course, appeal is included in interrogation and superv...