On The Civil Retrial Procedural Reforms

This paper mainly discusses the reform of China's civil retrial system . Based on the analysis of the current situation of the legislation in the civil retrial procedure, this paper points out the malpractice and consequence in the civil retrial procedure, ascertains the value and significance of the civil retrial procedure, explores deeply the theoretical reconstruction of the civil retrial procedure, and puts forward the concrete ideas to improve the reform of the civil retrial procedure. The paper is composed of five chapters.Chapter one presents a brief introduction of the civil retrial procedure. Commenting on the relation between the civil retrial procedure and the trial supervision procedure, it points out the conceptual conflict and malpractice of naming the civil retrial procedure after the trial supervision procedure, and the necessity of replacing the trial supervision procedure with the civil retrial procedure in the current law of the civil action. It generalizes the characteristics of the current retrial procedure being guided by the idea of seeking the truth from the facts and being based initiatively on the judicial supervision authority on the basis of the conclusion of the regulations of the retrial procedure in the current law of the civil action and the judicial interpretation.Chapter two points out the problem existing in the civil retrial procedure, the infinite appeal and the infinite retrial which is characterized by the infinity of the civil retrial procedure on the level of legislation and judicature. It discusses the phenomena of infinity about the retrial subject, time, cause, trial level, trial times, examining and trial and on the basis of which it provides the analysis of the difficulty in party appeal ,the judicial corruption and waste.Chapter three discusses the value of the civil retrial procedure. Firstly it explains the functions of right relief and authorities restrain, pointing out the former being the requirement of human right guarantee and law learning and the latter being the demands of judicial democracy and environment Secondly it discusses the meaning of the civil retrial procedure in ensuring judicial authority and improving the judicature.Chapter four is related to the theoretical reconstruction of the civil retrial procedure. It points out that the reform of the civil retrial procedure is to built on the scientific and pluralistic concept guided by the modem judicial ideas on the basis of the transform of the traditional judicial proceeding concept, the judicial truth and correcting mistakes according to law from the objective truth and correcting any mistakes, the balance of justice and efficiency,substantial justice and procedural justice, and the restrain of procedural rights and the court verdict to the trial supervision authority and the retrial initiative authority.Chapter five points out the suggestions of reforming the civil retrial procedure. On the basis of above analysis it provides the designing principle of the retrial civil procedure reform based on the retrial proceeding being linked with the trial level reform, and points out the concrete judicial ideas of retrial subject, cause, request, examining and trial etc. which are aimed at restraining the retrial and realizing the finite retrial...