Guangzhou Intermediate People's Court launched an innovative measure in March 2022,Requires the second instance judgment main article to be independent。The "Our Council" part of the case of the trial of the environmental resource trial in the second instance case of a neighborhood dispute is fully discussed the appeal request of the appellant,and determine the judgment of the first trial determined that the facts are clear,Applicable law correct,It should be maintained,But the main article is no longer expressed as "Reject Appeals,Maintain the original judgment ",Instead, the content of the first trial of the first trial is re -written in the second instance.,One together、The burden of litigation costs in the second instance is dealt with。It seems just a small step in the writing method of changing the second instance judgment document,In fact, it is bet365 best casino games a big step in fully implementing the concept of justice for the people,It has important rule of law。
For a long time,my country's second instance referee document,Especially to maintain the results of the original trial,Usually it is extremely briefly expressed as "Reject Appeals,Maintain the original judgment "; part of the judgment,It is just a brief stating which content in the original judgment of the original trial,What content is maintained。Perhaps this is affected by the legislation of civil litigation,Because according to the corresponding provisions of the Civil Procedure Law,The court of second instance believes that the facts of the first instance are clear,Applicable law correctly,It should be "rejected the appeal,Maintain the original judgment ",So the court in the second instance directly copied the legislation to "reject the appeal,Maintain the original judgment "expression。For the court of second instance,This is the most time -saving and labor -saving way,There seems to be a clear legal basis。For the court of first instance,This is the "blessing" of the authority bet365 Play online games of the second instance court for the first instance judgment.,The results of the first instance judgment were affirmed by the second instance court "without changing the word"。
But,This way of expression is not of course legal,and bring a lot of inconvenience and confusion to practice。First,In the Civil Procedure Law, "rejection of appeal,Maintain the original judgment "specification,It is the referee standard for the second instance case,clearly clearly determine the facts、Applicable cases with correct law,The referee results of the original trial should be maintained,This is the truth that is self -evident。But this provision is not the direct basis for the way of explanation bet365 Play online games of the second instance judgment。So,Directly applied to the Civil Procedure Law to "reject the appeal,Maintain the original judgment "does not have the legitimacy。Second,From the perspective of practice,The proportion of civil cases in the paid is very high,Effective judgment usually has payment content,can be used as the basis for enforcement。my country's implementation of the final trial system,bet365 best casino games The second trial judgment occurred with legal effect。If the second trial judgment is just expressed in general as "rejection of appeal,Maintain the original judgment ",What is the specific payment content,Executive Party、Execute the target、The execution period, etc. It may be unclear、Unclear。The content of the execution must be combined with the first trial judgment to determine。So,"Reject Appeals,Maintain the original judgment "second instance judgment,It is an unclear basis of execution,The realization of the right to the right of the right of the rights of the rights,It is not conducive to the smooth progress of the implementation work。In fact,The "Code for the Making Civil Judgment Documents of the People's Court" clearly stipulates that the content of the referee document must be specific、Clear、Easy to execute。The referee documents here,Not only the judgment of the first instance、Ruling、mediation letter,Also includes the second instance、Referendum documents for retrial。Last,The content of the second instance judgment Bet365 app download is complete、Specific clear,It is also the requirements for the publicity and education of the law。If the second trial judgment is simply expressed as "Reject Appeals,Maintain the original judgment ",It is equivalent to describing facts in the judgment text、Reason、The referee stopped abruptly after the referee,"How about the result,Please see the first trial judgment or previous article "。This narrative style,Not friendly to readers。my country's referee documents are published after the law,Judging documents need to be tested by the whole society。So,The main article of the second trial judgment states the referee content,Tell a complete story of the rule of law,The results of the referee of the parties and the whole society announced the results of the case,This is more conducive to in -depth publication of the rule of law,Prosperous Socialist Law Culture,Promoting the spirit of socialist rule of law。
Normality of referee documents、Integration、Clear,It is the right meaning of judicial trial,Although it is a small Bet365 lotto review problem that may be regarded as "fine branches",But the meaning cannot be underestimated。Looking forward to the development of the first discovery of the District Court in practice, it is developed and perfect,Submitted from experience to institutional results,better serving the practice of rule of law in our country。
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