查询词典 litigation

As there is the difference between the judicial review about the administrative affirmance of facts in administrative litigation and the review about the affirmance of facts in civil litigation and criminal litigation and there is the difference between the judicial review and the administrative affirmance of facts, on the premise of the necessary respect for the administrative affirmance of facts, courts should, based on whether the process of the administrative affirmance of facts and the putative facts is rational or not, adopt different judicial review standard to the different generic problem of administrative facts .

正由于法院在行政诉讼中对行政机关认定事实的司法审查，有别于刑事、民事诉讼的事实认定，行政诉讼中的事实审查也不同于行政机关的事实认定，因此，法院应当在尊重行政机关对事实问题所作出判断的基础上，以行政机关认定事实过程及其推定的事实是否合理为基点，针对个案具体情形的差异，采用不同的审查标准，对不同类的行政事实问题予以审查。

Chapter 6 put forward some suggestion to improve the litigating system of misstatement in Issue market, including adopting the actual loss standard define accuser, introducing into group litigation and shareholder derived litigation to perfect litigation mode, adopting assumption trust relation make liability parts quote. This chapter also discussed the demurrer reasons of principal parts involved in misstatement.

第六章旨在对完善我国证券发行市场虚假陈述的民事诉讼机制提出一些建议，主要包括采用实际损失者标准认定诉求主体、引进集团诉讼制度和股东代表诉讼制度来完善诉讼方式、采取信赖推定原则的因果关系认定方法使虚假陈述责任人负责举证，同时丰富和细化了各虚假陈述责任主体的抗辩理由。

The causes of litigations are due to conflicts and the purpose of a litigation is to solve them. As usual, the foci of copyright litigation of infringement or contract are signatures and rewards, so the goal of copyright litigation is for personal or property rights.

诉讼的原因出于纠纷，诉讼的目的在于解决纠纷，版权诉讼的目的说到底是为了人身权和财产权，通常所发生的纠纷不论是侵权还是合同纠纷，其争议之焦点都无外乎是署名和报酬。

As for the process in the civil public interest litigation system, we shall set up relevant prepositive process and prompting mechanism in the civil litigation, limit the litigant's power of disposition, and intensify the court's guide in the civil public interest litigation.

此外，在建构民事公益诉讼的程序时，还应设置相应的民事公益诉讼的前置程序、激励机制、当事人处分权的限制和法院对民事公益诉讼职权指挥的加强等四个方面。

First, on the hand of litigation, the world is moving towards a more normative solution in the jurisdiction, adjudication and execution of lawsuits concerning shareholders rights. China should bring in litigations concerning right to address inquiries as a remedy to the imperfection of law. The scope and object of adjudication of court should be determined by the nature of case. Ways to perfect specific provisions in the area of jurisdiction, time limit, preservation measures as well as execution are also proposed in the paper. Second, on the hand of non-litigation, scrutinizer as a means of non-litigation is neutral and order of investigation is convenient. Non-litigation should be brought into Chinese company law as a supplement of litigation.

第一，各国及各地区立法在股东知情权诉讼的管辖、审理及执行等方面的规范更加完善，重点结合我国司法实践中股东知情权诉讼的争议，认为应当建立质询权诉讼机制弥补法律的缺失，依据知情权诉讼的本质确定法院的受理范围及审理对象，探讨通过完善股东知情权理论基础确定诉讼的被告，同时对诉讼中具体规范如管辖、诉讼时效、保全措施及执行等方面的完善提出建议；第二，检查人选任制度作为非诉讼救济方式具有中立、全面的特点，调查令方式具有方便的优势，从而建议我国公司法可引入非诉讼救济方式作为诉讼救济方式的补充。

During the amending process, we should implement the principle of primacy of protecting the citizens' legal rights and emphasize studying and solving the following subjects regarding the systematical innovation and improvement in order to protect the citizens' legal rights effectively: protecting the citizens' legal rights should be the leading purpose of the legislation of administrative litigation; the principle of judicial ultimacy should be abided in the mechanism of solving administrative disputes; the scopes of accepting cases, participants and relieves in administrative litigation should be broadened; and both fairness and efficiency should be considered in the legislation of administrative litigation.

在修法过程中必须顺应行政法治发展的世界潮流，注重研究解决如下制度创新与改进的课题：行政争议解决机制应坚持司法最终性，应扩大行政诉讼受案范围、行政诉讼参加人范围和行政诉讼救济范围，行政诉讼立法应兼顾公平与效率，以更有效地保护公民合法权益。

Gradually along with the litigation mode of Adversarial system seeps into criminal law area of our country, under the change of the relationship between the accusant and the defender, and the weakening color of the litigation mode of strong Inquisitorial system, and judge's position is more negative and overcome, gradually, the litigation conduct power theories starts to be mentioned and is valued by scholars learn criminal law.

随着当事人主义的诉讼模式逐渐渗入到我国刑事诉讼领域，在控审关系发生变革、强职权主义色彩削弱、法官地位更加消极和克制的情况下，诉讼指挥权理论逐步开始被我国刑事诉讼法学的学者提及并受到重视。

Gradually along with the litigation mode of Adversarial system seeps into criminal law area of our country, under the change of the relationship between the accusant and the defender, and the weakening color of the litigation mode of strong Inquisitorial system, and judge's position is more negative and overcome, gradually, the litigation conduct power theories starts to be mentioned and is valued by scholars learn criminal law.

随著当事人主义的诉讼模式逐渐渗入到我国刑事诉讼领域，在控审关系发生变革、强职权主义色彩削弱、法官地位更加消极和克制的情况下，诉讼指挥权理论逐步开始被我国刑事诉讼法学的学者提及并受到重视。

In the first chapter, the general knowledge of litigation system has been reviewed briefly. The litigation system is an unceasing improving result of its development and there is no unchanging litigation form. New litigation types are emerging continuously due to the social and economic development and changement.

第一章简要回顾了诉讼体系的一般知识，诉讼体系是不断完善的历史发展结果，没有固定不变的诉讼形态，由于社会经济情况的发展变化，会不断出现新的诉讼类型。

The proportion of securing of property before litigation is much lower compared with securing of litigation and measurement of securing in the process of execution. It's partly because that parties have no consciousness to protect the right of securing before litigation and the application is less, the primary reason, however, is that the comprehension of imperfect conditions in the process of execution of securing before litigation is different, which make lots of application unexecuted.

而且相比较于诉讼保全、执行中保全的措施，诉前财产保全所占比例还是偏低，个中原因既有当事人不知道诉前保全维权、申请少的因素，但更多的情况还是法院以各自理解执行诉前保全的并不完善受理条件而造成大量申请不被受理，这给债权人维权带来困境，由此对法院的执行工作也带来一定影响。

By the time of its fall, most of the prisoners were writers who had written against the corruptions of the government.

到它被攻陷的时候，里面多数的犯人是写了反对政府贪污文章的作家。

The most obvious variation to ovum morphological character was that the color was changed from light green to sepiaceous in embryonic development, and all the ovums were almost hatched after 96h.

在胚胎发育过程中卵的形态特征最明显的变化是颜色从淡绿到深褐色，卵在发育96h后卵基本全部孵化。