Establish The Reason Of Civil Action Retrial

The reason of civil retrial is the Basis and the"key"of appealling of civil retrial. As a supplementary procedure, retrial is different from the first trial or second trial proceedings,it must to review the retrial reason before starting the retrial procedure,The difference is that the latter two just rely on party's subjective judgments. So how to provide the scope and form of retrial and which body can start retrial directly determines the start of the ease of retrial, science and rationality. Judicial practice, the existing law of civil procedure depends on increasing and refining the quantity and quality of civil retrial to address the"retrial difficult"problem, but the change is limited, they can not fundamentally solve the problem,.Instead, the case has been repeatedly led to retrial. The reason is not lack of examination of value of Jurisprudence, but the lack of a more systematic and comprehensive analysis of the value. Therefore, widely and deeply explore the value of China's retrial reason before the reconstruction is a viable research path, the value of the definitude the function of civil retrial procedures, the maintenance of res judicata, the claim of procedural justice,the Indemnity of human rights and judicial efficiency will Have a major impact on Legislative intent and purpose of the legislators, the judicial practice of the judiciary and the judicial conduc of citizen.but also becomes the evaluation criterion of value which Determines that whether the Reason of civil action Retrial is scientific, reasonable and workable.As a result, the reconstructiong and the amendent of the civil retrial reason has been studies systematically by the learning from the typical foreign countries retrial reason and analysizing on our previous retrial reason of China.