On The Necessity And Perfection Of The Civil Retrial Procedure

Civil retrial procedure is a vital part of civil procedure system of China. It means that the law court can retrial the positive judgments or adjudicate when the principal of the law court or the upper law court find there is something wrong with it and decide to retrial, being trial in the upper law court, or order to retrial; and the one of the two parties other related people apple to retrial; and if the prosecutor see some legal reasons, the civil retrial procedure is about to start. Civil retrial procedure is set to help the part whose private rights are damaged by the wrong judgment or adjudicate, so, it is a kind of "special aid" for the private rights which confirmed by the law court.It needs time and practice to testify a "right" judgment or adjudicate. Being a "arbitrator", the law court can not see the case before session, it just make a judge when open a court session which may not assure a right judgment, adding the complexity of social life and the subjective of the judge, the mistakes can not be avoided. Because of that, the civil retrial procedure is born.In 1982 and 1991 civil procedure law of China, there are some rules to confirm the system. With time passing some defaults such as the main leader ideas, the body of the claimer, the reasons for retrial appeared. Through the study, we surely can see some abuse of the system. In the process of retrial reforming, we have to dismiss theideas of "seek truth from fact get down to facts matter-of -fact" and "correct the mistakes when there is"; standards the authority of retrials; strict the reasons and the process to make the legal rights of the two party come true and to build a efficient civil retrial procedure. To reach the goal, we have to deal with the system and some principle, the authority of the justice to rebuild the body, reasons, and process of the retrial procedure.