Civil Judgment Relief System

Civil ruling remedy system is one of the basic design of civil procedure system , which is an integral part of civil procedure. It is needed to study for its important status . The paper begins with the meaning of civil ruling, then compares foreign legislation , absorbs successful experience in foreign civil ruling remedy system, analyses China's civil ruling system and perfects it at last.This paper is divided into three chapters:Chapter I interprets the meaning and function of civil ruling, as well as the type of civil ruling. Firstly, it clarifies the legal meaning of the concept of civil ruling through origin and development of the concept of civil ruling in China and introduction to relevant provisions in other countries and regions, which lays solid foundations for further research. Secondly, it briefly analyses important functions of China's civil ruling such as security for implementation of law and regulation and for litigation proceedings and so on. Lastly, it elaborately introduces the type of civil ruling in China.The second chapter has an overview of civil ruling remedy system by describing the concept, feature and inherent mechanism of civil ruling remedy system. It points out the problems that exist in the system: courts often award judgment and ruling at random, misuse judgment or ruling and lack respect for the validity of ruling rather than that of judgment, etc. At the same time, it classifies three types of remedy approach to civil ruling based on the provisions of civil ruling remedy measure in China's civil procedure law: i.e. reconsideration, appeal trial and retrial.Chapter III probes the problems that exist in China's civil ruling remedy system and suggests how to improve on the integrity of the system. It elaborates civil ruling remedy system from reconsideration, appeal trial and retrial respectively. In reconsideration part, it describes defects of civil ruling reconsideration system and discusses how to perfect it. In appeal trial part, it not only explains the purpose and jurisprudential basis of appeal trial procedure , but also introduces relevant systems in common law countries , civil law countries and Taiwan . On the basis of these legislation , it discusses defects of civil ruling reconsideration system and takes measures to improve it. Last but not least, civil ruling retrial system is the basis of perfecting procedure. It studies problems of civil ruling retrial involving related provisions in China's civil procedure law and focuses on defects and measures in China's civil ruling retrial procedure.