Study Of Civil Retrial Procedure

Civil retrial procedure is not only one of the significant legal systems in our country’scivil procedure, but also a hot spot that draws the attention of the law circle of our countryand the key factor in legislation. It is one of the main methods and channels of judicial relief,and of the importance to the judicial supervision as well.The civil retrial procedure’s major purpose is to protect the litigation of the two partiesequally, achieve the procedural justice, and thus maintain the entity justice. Its functionmainly embodied in three aspects: first of all, by replacing the trial judge and increasing thetimes of hearing, it can correct the errors that have existed in the already effective sentences,meaning the correction function. Secondly, the parties can remedy their lawful rights throughcomplementing proposals and proof materials that have not submitted in the previousprocedure, meaning the relief function. Thirdly, the revocation and alteration of an alreadyeffective judgment by means of retrial procedure can threaten the judges and give themenough pressure which can impel them to perform the judicial authority properly, as a result,the subject status of the two parties in the civil procedure can be ensured, meaning monitoringand protection function.With the deepening development of our country’s judicial reform, the malpractice of thissystem in its own operation is increasingly exposed. In order to deal with the deficiencies ofthe civil retrial procedure system exposed in practice, on October28,2007, the thirtiethmeeting of the Tenth National People’s Congress Standing Committee passed a law called“National People’s Congress Standing Committee on the changes <People Republic of thecivil Procedure Law "decision>”,and put into force nationwide since April1,2008. It’sobviously a progress by leaps and bounds compared with the former relatively behindhandand hulking civil retrial procedure system, however, many problems still exist.The author conducts an in-depth analysis of the civil retrial procedure in our country onthe basis of the discussion of the basic theory of the civil retrial procedure. Starting with theanalysis of the shortcomings of the civil retrial procedure, the author points out the problems existed in the guiding ideology of legislation，the authority of a court to start the retrialprocedure by ex officio manner，the right of the procuratorate to initiate the retrial procedurevia instituting demurrers and the application of a party to launch the retrial procedure. Further,the author probes deeply into the modification of the legislation of our country’s civil retrialprocedure system.