Study On The Civil Retrial Cause Problems

The Civil Procedure Law of China in 2007,revised in 2012,"the first national civil retrial review conference summary" and "on 2015 through the application of Civil Procedure Law" judicial interpretation of civil retrial procedure has made further clear,refine and standardize regulations on civil retrial procedure of the law and justice in the interpretation,greatly promote the development and perfection of the civil retrial review work.However,due to the characteristics of the legal provisions are too general,civil retrial review is still facing many new situations and new problems.On the civil retrial,although the amendment of civil procedure law,the civil retrial subject to further refinement,must increase the objectivity,but in judicial practice such as "new evidence to overturn the original judgment,the original judgment of the basic facts of the lack of evidence to prove that" the substantive judgment standard for still it is difficult to grasp.Improper retrial cause is not only related to the legitimate rights and interests of the parties,may also seriously damage the stability and authority of the referee.In order to avoid the parties and the judicial organs for "what is wrong produce judgment differences on the retrial cause for understanding the unity between the superior courts,balance the rights to apply for retrial and maintain effective judgment between res judicata,it is necessary to strengthen the retrial of the identification and operability,the subjective standard conversion to objective the standard,general standard conversion to specific standards.This research focused on collection of specific issues for retrial review,put forward solutions,in order to promote the retrial that accurately and efficiently,and safeguard the legitimate rights and interests of the parties and the authority of effective judgment.The full text mainly includes the following contents:The first chapter mainly studies the basic theory of civil application for retrial in China,and expounds the concept and the orientation of the amendment of civil application retrial cause in China.The second chapter through the Provincial Higher People's court filing court in January 2012 two to July 2015 concluded civil retrial cases of comprehensive statistics and analysis,to identify the existing civil retrial reasons for the problems incivil retrial,unified application that provides research direction.The third chapter makes an empirical study on three key subjects of retrial,and judicial cognizance and application for retrial in the study for the three key standards to improve the retrial and grasp the research.The fourth chapter in the first three chapters on the basis of the civil retrial cause of unity that put forward opinions and suggestions on the specification of the civil retrial review work,safeguard judicial authority,give full play to the function of civil retrial,safeguard the lawful and orderly social environment.