Improvement Of The Civil Retrial Procedure In China

The civil retrial procedure is a lawsuit procedure where people's courttries a case again by law when people's court, people's procuratorate ,orparties think there are mistakes in the civil court decision, adjudication andadjusting letters which have already sentenced to the strength effect, andmake an application for a retrial .The procedure, based on the legislativethought of seeking truth from facts and correcting mistakes, has arousedmuch debate in theory and many problems in practice, but different peoplehave different ideas on its reform. The article tries to start with the legislativethought, analyzes the disadvantages and causes on the current civil retrialprocedure in terms of the legislative and judicial practice, and also raisessuggestions on the basis of the advantages learning from foreign countries soas to help solve the problems in China.It is lawmaking corpus that lawmaking guides the thought according towith the important theories of the lawmaking activity of proceedingaccording to, is for lawmaking activity to indicate direction of reasonablenesscognition. It reflect the lawmaking corpus to thought according to what,theories lawmaking is with the what kind of method of Lawgiver , is rulingthe method's consciousness is in the concentration on the lawmaking now.Legislative thought is a basis. It is likely to make a scientific andreasonable system in accordance with the right thought. It may beunjustifiable to some extent to treat the thought of seeking truth from factsand correcting mistakes as the legislative thought, Will practical and realisticthis reasonableness on the philosophy principle and have necessarily ofmistake to contact to combine to be used as the civil case the lawmakingdiscuss againing the system to guide the thought, but the characteristics thattake no account of the civil case in court oneself then and by all meansproduce the unilateral. because it emphasizes the individual justice, especiallythe entity justice, neglects the stability of effective judgement ,the result ofan appeal, and the rules of civil appeal.In order to improve the civil retrial procedure, a new legislative thoughtshould be raised, that is balancing mistake correction by law, defendingstability of effective judgement, founding private right punishing andintervening with common right. According to the stability, private power thatmethod it is conflicting that mistake and maintenance produce effect theassize to punish to interfere with civic rights, conflict mutually of, solve theclash's method to is at that two the mistake for find outing an equilibriumpoint, practicing having restrainedly rectifying produce effecting the assize.The new thought contains the following ideals: the ideal of last instancereferee; the ideal of just procedure; the ideal of keeping the judges neutral.It's necessary to make sure of the disadvantages and causes of currentcivil retrial procedure. The disadvantages include the following: The name isnot in conformance with the content due to legislative techniques; manysubjects are involved but the party's application for retrial are weakening, thepeople's court,the people's procuratorate, the party concerned can all bringup or apply for to discuss again, but the party concerned application discussagain and can't directly start to discuss again the procedure, and need to beinvestigated by the people's court, and this not only could not the cent toprotect the party concerned's legal rights, but also result ined to discuss againthe order's confusion situationed. the reasons for retrial are not scientic,It isin brief and again dicey to discuss again judge that reason, discuss again toreviewing too the big freedom cut the right of deal, and is also everyone to isall right to discuss again the main reason of the procedure disaffection. theretrial is free; the retrial is stopped carrying out. Make the party concerned tohand over to appeal to the higher court the fee for the sake of the risk, ofevadable resort and the application discuss again, result ined the abusing ofrights, and also broke the people's court the authority, stability thatjudge.This since breached the civil case in court inside of since judge the dint...