On The System Of Civil Adjudication Supervision

As our country continues to accelerate the pace of constructing the rule of law, the status and role of judicial adjudication is more and more important in social life. The value of justice and efficiency have been generally recognized by academia and practical circle. At the same time, the requirements of the people On Procedure Justice is currently becoming the focus of judicial reform. Civil trial supervision system, as a special remedy system, has an important position in the China's civil procedures, which reflect the role of maintaining social fairness and justice in the last line of defense.The revised "Code of Civil Procedure " in 2007 compared to the one before the amendment has a lot of progress. However, the process of civil judgment supervision in China's current Code of Civil Procedure has still many defects, which hampered the procedure's effective work and did not play its desired role to a certain extent. So it is necessary that make it further revised and improved. This paper first systematically expounded the status of civil trial supervision procedures, including the design concept of civil trial supervision system, the start main body and main reason, start times and time limit, the range of application, the filing review process, trial grade and trial procedures, and conducted a comprehensive in-depth analysis for the deficiencies of these Specific System, pointed out that China's civil trial supervision system has a wide range of problems: The inquisitional system is too strong, the civil trial supervision of the parties as the center system is still not exist, the start main body is too wide , the legislation of specific procedures for various stages is non-uniform, mode of operation in judicial practice is very chaos, etc. These problems have seriously undermined the authority and image of the judicial body, leaded to the people question judicial fairness, and the stability and seriousness of the judgments and rulings is seriously challenged. Therefore, how to further improve China's civil trial supervision system is becoming a major issue which is urgently need to explore and resolve via academic and judicial practitioners.Because our country's legal system and civil law countries'legal system are closer, on the basis of analysis of the status quo and problems, this paper analyzed and researched the retrial system of three civil law countries (Germany, France and Japan), pointed out the features and advantages of the retrial system of western civil law countries, figured out that the relevant laws and regulations about the civil retrial procedure of civil law countries are more systematic and detailed, and that no matter the retrial main body and the retrial retrial reason, or retrial duration and times, etc. , are strictly legislated, from which are what we should learn. Subsequently, the paper pointed out that if we want ot promote China's civil trial supervision system to a further development, we must change our concepts, and gradually increase the intensity to promote judicial reform, absorb and introduce the advanced legal regulations and experience of western countries, so that our civil trial supervision system can reflect the values of the procedural justice, the procedure benefit and the procedure stability. I believe that the reform of current civil trial supervision system should focus on abandoning the inquisitional system, abolishing legal regulations of law court and procuratorate related to against party action principle and the principle of judicial neutrality, and putting the parties into the deserved position of the trial supervision system, fully safeguarding the legitimate rights and interests of the parties. Specifically, this paper have carried out a more comprehensive reflection and rebuilding from the design concept of civil trial supervision system, the start main body and main reason, start times and time limit, the range of application, the filing review process, trial grade and trial procedures and so on, in order to resolve a series of the current highlight: "retrial difficult," the backlog of cases, low efficiency and so on, bring out a detailed and feasible plan with a view to a further reform of China's civil trial supervision system.