The System Of Civil Litigation Remand

The system of remanding for retrial is one kind of judicial way on appellant procedure .It is designed to try reasonable and legitimatly by strengthening contentious procedure , which comes to restrain try behavior of the judge and the party. Violating the legal procedure and process is to handle futility, to realize the justice of procedures, to defend benefits of legal body, and to reflect procedure chauvinism value really.The remanding for retrial play beneficial to Superintend a primary court from the appellate tribunal, which correct the mistake or blemish which the court in elementary trial commits. Applying to defend legal procedure is unified .To make entire contentious procedure methodical carry out judicial justice and authority. Though this procedure function and sanction, it can be effective for the party concerned to provide the channel of relief, which offer relief right and the guarantee with procedure . It is to Absorb the discontent of the society, and to remove the dispute genuinlly and avoid the new disputesThe function of remanding is to diversify . The correcting function and contentious procedures stability should maintain appropriate balance . It can not run after the objective reality boundlessness and get rid of boundless remanding transmigration of behavior in actual judicial practice . To protect the right of suit of the party concerned, to run after the fairness and objective true simultaneous, and to try efficiency and ensure judiciary resource finiteness are gived with same legal value.The remanding for retrial is the right natural content of the trial .It is also the right of the suit and the natural rights of procedure choosing , which come into force the constitution principle "All people are equal before the law " in lawsuit field .It ensure identical to reach premise to apply to right adjudging, and get identical court decision. The choosing rights of procedure is the premise of the remand for retrial.Because of the remanding system of our country go ahead in legislation idea to objective fact, it run after over-simplication design in article, and wait for the sharpening other procedure to link up and form a complete set. It is necessary to reflect an trying theoretical system again . When revising with Civil Procedure Law, the design's of it can able to make improvement and perfection especially. According to the lawsuit basic law, it can ensure realization of suit right, which take much better realization of entity and procedure justice.This artical body of writing include four major part together as below:The first chapter involves the general situation of remanding system. It introduce heavily the concept, need, classification and function. This charter interpret the decision attribute of the basis of theory and legal effect of ramanding for retrial.The second chapter is viewed through the design system from the common law ,the civil law countries, Taiwan area,which is to sum up the superiority of the remanding for retrial.The third chapter have been responsible for the current situation of legal rules and actual judicial practice . To find defect and leak existed of the design . To analysis improper law consequence have been brought about in reality affairs.The fourth chapter is to construct system again . Improving and perfecting this system is to go a step further from composing with theoretical system .From lawsuit system, it restrain and adjust the allocation from the angle of system, which can wield the blemish of procedure and restrict the judicial authority effect.