Research On Civil Retrial Causes

The amendments of Civil Procedure Law of the People's Republic of China were passed at the Thirtieth Session of the Tenth National People's Congress on October 28, 2007. The Committee of the People's Supreme Court adopted the interpretation of the civil retrial procedure of Civil Procedure Law on November 10, 2008.The amendments of the civil retrial cause is the emphasis in the whole amendments. This research on the civil retrial cause starts from its theory. On the base of researching systems in abroad, analyzing the problems in the guiding ideas and the practice of our civil retrial causes, the author will propose his own idea in reform of the retrial cause. The whole article falls into four parts:The first chapter is a summary of the civil retrial cause. It introduces the concept of the civil retrial cause and analyses the function and value of the civil retrial cause. As being a special procedure for remedying, the completeness of the civil retrial procedure is critical for whether the party's rights can be protected .Retrial cause is the key to start the retrial proceeding.The second chapter makes a comparative study on foreign civil retrial cause. The passage makes a research on the system of civil retrial cause in France,Germany,Japan. And it analyses the similarities and differences of the civil retrial cause on the theory and system .The aim of the study is to use the experience of other countries for our reform.The third chapter reviews the evolution of the civil retrial cause and introduces the content of the civil retrial cause in our country. On this base, the passage analyzes the problems in the guarding ideas and practice of our civil retrial cause.The forth chapter introduces the way to solve the problem of the retrial causes. We must transform the ideas of conventional retrial causes and reform the model of the present retrial cause system.