The Reflection And Reconstruction Of Civil Retrial Procedure In Our Country

The civil retrial procedure is a special relief procedure, is the party seeking judicial relief of the right of the last line of defense, to safeguard the legitimate rights and interests of the parties and to safeguard judicial justice is of great significance in theory and practice, has been a focus issue.2008NPC Standing Committee adopted on the modification of law of the people’s Republic of civil procedure" decision, which focus on the modification on the retrial procedure, make our country’s long-standing retrial in some of the problems has been improved to a certain extent, but this changes as a local correction, is still not perfect, theoretical basis, the guiding ideology, the overall structure has not changed, can not fundamentally solve the problem of retrial difficult"" retrial." and so on, therefore, it is necessary to further research on civil retrial procedure, in order to further improve.This article from the concept of retrial, retrial and distinguish the trial supervision procedure of retrial procedure, characteristics and evolution, compared to other civil law countries of the retrial system requirements. Based on this, a detailed analysis of China’s civil retrial system existence malpractice, and attempts to reconstruct the foundation and structure, the retrial procedure theory and concrete system modification. The full text is divided into four parts. First of all, of the trial supervision procedure and retrial procedure are briefly discussed in the concept, main body, from filing nature, function and other aspects of the trial supervision procedure and retrial differences. And then briefly introduces the historical evolution of the retrial procedure, review of retrial procedure in China has evolved to process, and briefly describes the new civil procedure law amendment. On the comparative study of foreign civil retrial procedure. The retrial procedure in the continent law system, so this paper mainly studies the countries of continental law system of retrial, briefly introduces the civil retrial subject, subject to review, hearing, and a retrial, the constraints and specific provision, and its characteristics were compared.The focus of this article is to analysis the civil retrial procedure of our country existence question, and proposed solutions. From the theoretical foundation and the overall structure proceed with, analysis of China’s civil retrial procedure problems the causes, then the Retrial Procedure Provisions for specific analysis, expounds briefly the retrial procedure in China theory and the concrete problems existing in the system of. In out of China retrial procedure, is to perfect and reconstruction of retrial litigation, in order to reconstruct the civil retrial procedure of our country, the establishment of retrial, retrial procedure at the same time on the structure modification, make it more reasonable, and the retrial procedure specific terms to adjust, promote the retrial procedure acceptability and execution.