Baoji city, Shaanxi Province, Deputy Secretary for Justice Cao Changzheng
On September 6, the Shaanxi officials reported media reports of the President of the High Court: retrial case of various illegal procedures, caused a larger response, local readers have talked about.
Reported that the judicial Bureau Deputy Director Cao Changzheng, Baoji city, Shaanxi Province, Shaanxi Provincial higher people's Court in a civil dispute cases reported through the "Dean finds program" ruled that the retrial, Dean has no signature in the relevant document, also reported in Shaanxi Province High Court in the case of many of the illegal procedure.
Cao Changzheng said, more than 10 years ago, his citizenship duty agent in modern science and technology in XI ' an equipment Co Ltd, v in meixian County, Shaanxi Province Bureau of Shaanxi broadcast and TV network company limited payback agreement dispute case.
In the Shaanxi High Court, legal daily reporter learned access to case-related information:
In July 2003, the contemporary will meixian County Cultural Affairs Bureau and Shaanxi radio and television network company to court. Baoji in the case in the first instance, retrial and the Shaanxi High Court retrial, court reheard the judgment of first instance in Baoji, Shaanxi second instance decision in the High Court on November 25, 2014, Shaanxi High Court ruling: "first, the retrial of the case the Court shall form a collegial panel, second, during the retrial, suspend the execution of the original judgment. " Shaanxi High Court responses to "Secretary report President of the High Court of Justice": judges have avoided
Contemporary companies challenged the retrial. Main content:
Shaanxi radio and television network company submitted a "petition" is made by the Shaanxi High Court has given the parties "retrial case acceptance notice";
President of the Shaanxi High Court retrial ruling reflects the procedures for oversight of cases in our hospital, but Dean ruled that the book did not sign;
Complaints review, retrial procedure in this case, judges of the Court trial supervision Gui Hong as investigators involved in the trial, in violation of the Supreme People's Court on the judge in the lawsuit provisions on the avoidance system in the implementation of a number of issues.
Spokesman for the Shaanxi High Court legal daily reporter interview Deng Fengbin, in response to the above question.
"The President finds program" ruled that the retrial
On the question of retrial, spokesman for the Shaanxi High Court explained: "the 198th of the code of civil procedure provides: ' the people's courts at all levels in our hospital the legally effective judgment, determination, mediation, has found that errors, and the need to review, it should be decided before the trial Committee. This article's Court starts retrial of ex officio legal grounds. Our hospital is in accordance with this article to start the retrial of the case. "
Current civil procedure law deleted "Dean signed" provisions
"The President signed" issues, the spokesman explained, "' retrial ruling signed by the Dean ' 2007 contents of the provisions of the code of civil procedure section 185th. In 2012 the newly revised article No. 206 of the code of civil procedure of deleting the content. In accordance with the relevant provisions of the civil procedure law, signed by the judge and the court clerk when the Court ruled. "
Informer reflects the case issued a "notice of accepting application for retrial of civil cases" challenge spokesman explained that in judicial practice, there is no current provisions in the code of civil procedure on "Dean started ex officio procedure" notify the document style, the case of the civil retrial case technology style. A retrial of the case but ruled according to court starts retrial proceedings ex officio.
Trial judges have been avoided
On the question of hearing the disqualification of a judge, spokesman for the Shaanxi High Court said: "the June 10 session. The Parties applying for withdrawal, I had decided on June 12 to form a collegial panel to a retrial of the case. "
"Currently, the case is pending, we will be open to a fair trial according to law, and welcome supervision. "The spokesman said.