An analysis the causes for “injustice tolerance but not accusing" and its corrections;
“有冤不告”原因分析及矫治
In the society of rule by law the judicial power has two qualities of negativity and supremacy, that is, it should practice the two principles-no trial without complaint and trial with complaint in regard to law disputes.
在法治社会中,司法权具有消极性和终局性,即对于法律纠纷应实行不告不理和有告必理。
As an important part of civil procedure, Ex-offio Civil Retrial Procedural System has terrible flans, short of theoretical precondition and realistic basements, and therefore it should be denied and abolished so that the original feature “no trial without complaint” could be resumed in civil procedure to promote the process of civil trial form.
职权式民事再审制度作为一项民事诉讼制度 ,有着严重的缺陷和弊端 ,缺乏既存的理论前提和现实基础 ,因此 ,应对其予以否定或废弃 ,以恢复民事诉讼制度“不告不理”的本来面目 ,并以此推进民事审判方式改革的顺利进
Comparing with administrativepowers,judicial powers have a strong independent character and the exercising way shows some distinctiverules such as the principle of no suit if not bring,the principle of direct hearing and the principle of concentrating hearing.
与行政权相比,司法权从本质上来讲具有很强的独立性,其运作方式也显示出独有的特征和规范,如不告不理原则、直接言辞原则、集中审理原则。