A reconsidered case in which the organ conducting the reconsideration has amended the original specific administrative act may also be placed under the jurisdiction of the people's court in the locality of the administrative organ conducting the reconsideration. 经复议的案件,复议机关改变原具体行政行为的,也可以由复议机关所在地人民法院管辖。
The Inner Mongolia Higher People's Court finds Hugjiltu's original guilty verdict* is not consistent with the facts and there is insufficient evidence, the court in Hohhot said in a statement. 内蒙古最高人民法院发现呼格吉勒图最初的有罪判决和事实并不一致,而且存在证据不足,呼和浩特法院在一份声明中说道。
In addition, it questioned whether the original court had taken into consideration whether Ms. Zhang had willingly surrendered, which usually results in a more lenient sentence. 除此以外,它还质疑一审法院有没有考虑到被告的自首情节。自首者一般会在量刑过程中得到宽大处理。
In the event that the judgment of original instance omitted administrative compensation claims and that the people's court of second instance considers it ungrounded to make compensation after trial, it shall reject the administrative compensation claims. 原审判决遗漏行政赔偿请求,第二审人民法院经审查认为依法不应当予以赔偿的,应当判决驳回行政赔偿请求。
The legal system still relies on original documents, so some messengers cater to lawyers by offering benefits such as serving subpoenas and filing papers in court. 现在司法系统仍然依靠原始文件,因此一些信使通过向律师提供方便来示好,例如在法庭上提供传票和整理文件服务等。
The original jurisdiction of the Supreme Court is relatively narrow; 在最高法院的初审管辖权相对狭窄;
Evidence collected and complemented during the reconsideration process by the reconsideration organ shall not serve as the basis for upholding original specific administrative action by the people's court. 复议机关在复议过程中收集和补充的证据,不能作为人民法院维持原具体行政行为的根据。
In the event that the reconsideration decision erred in altering the original specific administrative action and the people's court ruled for revocation of the reconsideration decision, it shall request the reconsideration organ to deliver a new reconsideration decision. 复议决定改变原具体行政行为错误,人民法院判决撤销复议决定时,应当责令复议机关重新作出复议决定。
As one of the original Party States to the Hague Conventions, China resumed its normal relationship with the Court at the end of1980s. 中国是《海牙公约》的原始缔约国,与该法院的关系也有一段曲折。
The original poster can go every day the executive front courtyard of people court requests to be carried out compulsively. 楼主可以天天去人民法院的执行庭请求强制执行。
Recognition and Enforcement of the general conditions have qualified with the original decision of the Court's jurisdiction, and so on seven, the text in detail. 承认与执行的条件一般有原判决法院具有合格的管辖权等等七项,文中有具体阐述。
Our country has controlled it in the original adjudication method that the civil economic administration of justice is practised for a long time, but phased difference is not very obvious on this concept of "preparation before trying and opening a court session". 我国长期以来,支配了民事经济司法实践的原有审判方式中,开庭审理和开庭前的准备这一概念上和阶段性的区别却很不明显。
This article studies the characteristics of Chinese and French retrial procedure in the way of established idea, basic formulation, starting pattern and position of original court. 从再审制度的建立理念、基本规定、启动方式和原审法院地位等几个方面的问题比较了中法再审制度各自的特点。
It is imperative to improve and reconstruct the remanding rule of a case to the original court for retrial. 完善和重构发回重审制度已经势在必行。
The burden of persuation was derived from the procedural rules of the ancient Roman law "who advocates who proof", the original meaning is the parties must to provide evidence after the claim to the court. 举证责任最早源于古罗马法谁主张,谁举证的诉讼规则,其最初的含义仅指当事人提出主张后向法院提供证据的义务。
The writer holds that shifting and adding the executed must be first put forward by the executor and then be sent to the original court to affirm. 笔者认为,变更和追加被执行人的,首先应由申请执行人提出,由执行机构移送原审判庭依法审理予以认定。
That local court was original court, which governed Chongqing city and Ba County, disposing of cases of first instance civil and criminal and non-litigation unless the law provided otherwise. 重庆地方法院为初审法院,管辖重庆市和巴县两地,主管除法律特别规定外的第一审民刑案件和非诉事件。
Pursuant to provisions of the common law, the prevailing party indicated in a foreign judgment may bring a new lawsuit in Hong Kong based on the original judgment which will be enforced upon the new judgment made by the relevant court in Hong Kong. 根据普通法规定,外地判决胜诉一方可以基于原判决在香港法院重新起诉,山香港法院作出新判决后得到执行。
The main purpose of Parties in the case started the retrial procedures is to revoke the original injustice judgment and seek their own demands to get support for the Court. 案件的当事人启动再审程序,主要是为了撤销原有的不公正判决,求得自身的民事诉求能够得到法院的支持。
In the second chapter, the author focuses on the amendment on the original patent non-obviousness review standard of the United States Supreme Court in KSR and the changes of Review Guidelines of the United States Patent and Trademark Office after the case KSR. 在第二章,笔者重点阐述了美国最高院在KSR中对原有的非显而易见性审查标准的修正以及美国专利商标局在KSR案之后对审查指南的修改。
Because the good intentions original intention neglects, instead gave other people and has brought troublesome, the litigant went to court, this time, the bilateral friendship intention carried on the melt already appears regarding this lacks the ability to do what one would like. 善意的初衷由于疏忽,反而给他人和自己带来了麻烦,以至于当事人对簿公堂,此时,双方的情谊意图对此进行化解已显得力不从心了。
As Chinese reform of the original political and economic structure based on the value orientation of the market-oriented reform, the traditional court mediation system has increasingly shown its inappropriate nature. 随着我国对原有的政治、经济体制进行了以法制化、市场化为价值取向的改革,传统的法院调解制度已经日渐显现其不适宜性。
Moreover, the time the procuratorial organs have made conclusions changing from the conclusion of original court debate to the conclusion of trial, prior to the court debate. 再次,检察机关提出结论的时间由原来的法庭辩论之后改为案件实体审理终结之后,法庭辩论之前。