A Research Of Error Correction System Regarding Civil Special Procedure In China

Although the application scope of special procedures in China is constantly expanding,the theoretical circle and judicial practice have not effectively improved the misunderstanding of special procedures and the understanding of the cause of error,and there is even less systematic regulation of the system of special procedures error correction.The system of special procedures error correction is in an urgent need to be improved.First of all,based on the special case of the case to show and analysis,classification analysis was carried out on the special case of the error,points out the problems existing in the special procedure in the trial practice the referee mistakes and wrong reason,especially the absolute error of the error and the reason was not found in designing,around the court in the trial practice of referee mistakes have different way of error correction model,lack of existing system of the special procedure of error correction.Secondly,this paper analyzes civil special procedure error correction system in civil lawsuit legislation present situation,elaborated the civil litigation legislation of special procedure error correction system exist positioning errors and error setting situation of comprehensive,loss of specific error correction procedures,some special case error correction mechanism absence,implements the first trial for all special cases of final appeal too absolute legislative defects and its causes,such as provide the basis for improvement of the system of perfect special procedure error correction.Finally,this paper to improve the system of civil special procedure error correction,the necessity of the premise,draw lessons from outside the civil special trial procedure and its legislation present situation and the theoretical study of the error correction system,puts forward the legislation mode of civil special procedure error correction system in China,make special procedure error correction of the general regulation and special regulation of the proposal,to build the perfect civil special procedure effect error correction mechanism put forward their own ideas.