Studies On Jurisdiction Of Civil Retrial

There are serious errors in China's current system of civil retrial. After years of theoretical study and practical exploration, retrial reconstruction to the civil retrial system has gradually become a reform path chosen of consensus. Now in the research of remodeling of the current system of the retrial, a retrial jurisdiction shows a little weak, and lack of the absence of empirical dimension analysis.Retrial jurisdiction of the civil retrial system is the basic problem of reconstruction. Retrial in the existing civil law jurisdiction and the jurisdiction of the existence of multi-level jurisdiction is not clear identity standards, and the law courts have jurisdiction over a wide range of retrial, in practice, however, has turned into external supervision means. Legal jurisdiction in the retrial parties enjoy freedom of choice, in practice, however, it is the Supreme Court's judicial interpretation replacement for the original jurisdiction of the Court. This leads to a flood of complaints plots leapfrog appeal, the parties exacerbated by the complainant, to a retrial disorderly situation.Retrial jurisdiction in the world were on the principle of exclusive jurisdiction, and although there are different retrial jurisdiction models, but they rarely use retrial jurisdiction of a single model instead of using the binary mode jurisdiction even diversified retrial. And most countries use the basic mode of trial jurisdiction of the Court, together with the special jurisdiction mention class model.Although Retrial v. Superior Court's exclusive jurisdiction help the realization of a retrial correction, it is an ideal model. High Court and Supreme Court can hardly bear these. From the extraterritorial jurisdiction of the system retrial, and with the reality of our country, retrial consider of conducive to correcting that helps balance the burden on the lower court's retrial, China should retrial based on the nature and level of crude concurrent jurisdiction and the jurisdiction of the dual-class mention retrial jurisdictions.