Studies Of Starting Mechanism Of The Civil Review Procedure

The review system in the civil action is an extremely important system. But a lot of drawbacks exist in the civil arrival mechanism of reviewing the procedure in our country. For example way of starting the procedure are mainly courts'power and protest of procuratorate organ; The party's application must be decided by the court and can't start the procedure of review directly ; The standard that reviews the procedure and starts is very ambiguous, too, unified , and is not restricted by time and number of times . The existence of these drawbacks has influenced the full play on function of this system seriously, cause a large number of cases to be appealed, reviewed repeatedly, unable to last instance, the judicial authority is challenged. These problems are demanding prompt solution. Through retrial historical development of the review system, the article inspected problems existing in our country and valuable experience which may help we to profit from. And has carried on profound reconsidering to the current our retrial idea, had pointed out several erroneous zones we must solve. Finally, the article proposed plans that solves the question from each aspect. First of all, reforms retrial the start way, cancels the court'right of initiative starting retrial according to the authority, strictly limits the procuratorial agency'scope to start the retrial procedure, establishes retrial start way that take the litigant'appliation as the main body; Next, from the positive and the negative two aspects ,we should standard condition of starting retrial procedure; Once more, will establishes review for the retrial jurisdiction principle, will enhance the rank principle, will enhance the rank of the retrial court; Finally, implement charge system of retrial case, as well as the retrial case has the condition to stop carrying out the system.In brief, the author acts according to the extant flaw, has designed richly pointed and the feasible measures, and hope to have the instruction and the contribution to the consummation of the retrial system of our country.