On The Reforms Of Civil Case Retrial System

During the ongoing transition to the market economy, many social contradictions and conflicts of Interest appear in our life, which lead to the increasing of civil retrial cases. But our country's civil case retrial system could not adapt to the new situations, it causes to limitless retrial, limitless appeal and retrial confusion etc. As a judiciary in people's count, the author has participated in judging a serious of retrial cases, at the same time, the author has realized the limitations and problems of the current civil case retrial system deeply. It is imperative to reform and reconstruct the civil retrial system. This article analyzes in detail our current civil case retrial system, and does a great comparative research for this system at home and abroad. The author is trying to research and establish a new system which could fit closely to the situations of China and the modern judicial theory under market economy.Four parts are included in this article,1. The explanation and analysis on China's civil case retrial system, which is stating the basic theory of this system, and discussing the limitations and problems.2. Comparative research for the civil case retrial system at home and abroad, which could be used for reference to our reform.3. The reform of the basic theory of China's civil case retrial system, in view of passive justice theory, judicial authority building, punishment to the party, this part has a particular analysis to the reform of Guiding Principles used for retrial procedure, which is the key to our retrial reform, and we could benefit from that in basic theory research.4. Basing on practice, suggestions to reforms on some detailed system, such as the retry filed system, courtroom and effectiveness of retry.