Research On Appeals Involved In Lawsuit Of Two Level Courts In Xinjiang Changji Hui Autonomous Prefecture

The thesis thinks the present conditions and characteristics of appeals for help involved in lawsuit are that appellants are nature persons primarily, appealing causes are to refuse to accept decisions and reflect to execute improperly, cases type are civil cases primarily, as well as showing those characteristics that appeal case are getting long-term, group appeal are getting organizing and appeal action are getting non-rationalizing and so on from the angle of a judge who is engaged in the administration of justice, and on the basis of relevant data which are a case of appeals for help involved in lawsuit of two level courts and centralized dealing ways of autonomous prefectures. The author believes that the self reason of appellants are the intrinsic cause through analyzing law cognition abilities, lawsuit heart bearing capacity and lawsuit value orientation of appellants; that the reasons for courts as ad judicatory organ are the intuitively and superficial causes through analyzing those factors which are the judgments quality in the trial progress, non-judging actions on trial, judgment documents quality, administration of justice work and the judges malfeasant actions and so on; that the unreason factors of trial supervision system lead to massive retrials, reduce the strength of judgment and judicial authority, and produce a lot of appealing cases through analyzing arranged trial supervision system of our country system; that administrative operation of present judge managements to some extent exclude the individual will of judges, which not fit to the impendent nature of judgment, not benefit to set up judicial authority of judges even courts through analyzing arranged trial management system of our country system; that courts hard to set up general judicial authority and judicial credits in reality through analyzing arranged national regime of our country system; that the function dislocation of present inquiry system result in the authority of judicial organ is dispelled, as well as create the difficult situation of inquiry through analyzing arranged inquiry system of our country system; that centralized dealing ways are becoming politic tasks for the aim of stability and administrative centralized dealing ways further dispel the judicial authority of courts through analyzing state centralized dealing ways appeals for help involved in lawsuit of 2004. The author finally thinks that the administrative centralized dealing ways are the basic cause for appeals for help involved in lawsuit through generally analyzing front various reasons. And the author believe that the new rule highly emphasizes the territorial jurisdiction, and has not the fundamental changes comparing with old rules, so the difficult situation of inquiry hard to get well through analyzing Inquiry Rule of 2005 and present conditions.