On The Reconstruction Of The Civil Procedure For Trial Supervision

Civil adjudication supervision procedure is an important part of China's trial system. Studying and probing the connotation, function and jurisprudence basis of the system is beneficial to objectively recognize, evaluate and upgrade China's current judicial system. Moreover, it is also beneficial to the research and development of China's system of action.In recent years, many experts and scholars have made precious explorations of civil retrial system. However, these explorations are lack of systematizations and science. In the treatise, the author believes that civil procedure for trial supervision is a procedure that People's Procuratorate, on the basis of legal supervision rights, or a party to an action, on the basis of rights to apply for retrial, finds that there is error in a legally effective judgment or mediation agreement made by a people's court and asks for the court to retrial. Then the author, by elaborating and analyzing the theoretical basis of China's civil adjudication supervision procedure and by comparing with the jurisprudent basis of certain foreign country's retrial system, constructively puts forward that the reform aims of China's civil procedure for trial supervision should be readjusted. Finally, the author puts forward his rough views on the reconstruction of several issues concerning civil adjudication supervision procedure.