Theory Of Civil Retrial Apply For Examination Procedures And Standards

The2007amendment to the Civil Procedure Law, the larger the correction procedure for trial supervision, its purpose is to solve the difficult and other related issues the parties apply for a retrial. Modified at high-profile, is the retrial subject of specific provisions, subdivided into thirteen, and set a specific program of the People’s Court accepted the review of the application for retrial. In this paper, based on the2007Civil Procedure amendments for the study based on papers crank the Eleventh National People’s Congress Standing Committee at the28th Meeting of the on amending the Civil Procedure Law of the People’s Republic of China decided to again modify the retrial procedure. Civil Procedure amendments establish retrial v. important, but there are still a number of problems in the process of application, it is necessary to combine the practice of in-depth study to provide empirical support for the implementation of the relevant provisions of the Civil Procedure Law and perfect.This paper remove introduction is divided into three parts.The first part of the discussion of the civil retrial review procedures meaning and the legislative progress. This paper called the civil retrial apply for review procedures to the people’s court in accordance with the civil procedure law and relevant laws on the subject, apply for a retrial apply for a retrial time, apply for a retrial shall be under the jurisdiction of the court, apply for a retrial provisions of reason, review of relevant matters, to determine whether a case on the activities of the conditions with the retrial. The second part analyzes the retrial review procedures and standard the problems and the root. Review of the programs are first question is level set unreasonable jurisdiction, the second problem is retrial time limit for application is irrational. Review standard of the first problem is part of the reason is not easy to grasp the provisions of the retrial, the second problem is retrial filed standard and standard of the retrial adjudged contradiction. The third part, the first two parts, and on the basis of the continental law system country contrast of legislation, to improve the retrial review procedures and review standard advice. In order to better play to the people’s court in retrial review to the important role, and seeks to maintain party litigation rights and maintain effective verdict being sentenced to force the best balance between.