Research On The System Of Instanse Civil Retrial

The civil retrial is not only a way of settlement in the second instance,the supervision of adjudication of first instance,unified application of law,make up for the flaws played an important role.In recent years,the civil retrial system has been theoretical and academic criticism,for the transformation of the system is more and more high.In 2013 the newly revised civil procedure article 170 th of the civil retrial conditions were modified,but there are still some problems in practice.Based on the theory,starting from the practice,based on the specific case of a region in the trial practice as a model,found that the civil retrial system,and then analyze and solve problems.The discussion of the article is on the two level.One is the theory,value,function and orientation of the retrial system is the key role for the operation of the system,it is necessary to review the civil trial of the value orientation and function of retrial system;second,the level of practice,the retrial system in the practice of running state is not some so-called scholars unconstrained,disaster caused by flooding water,on the contrary,in the judicial practice of the presence of the back and not back,in the amended civil procedure law does not address the retrial system error,the new disadvantages also led to a certain degree of civil retrial system,in between excess and insufficient procedure,civil trial of the play a system should be greatly discounted value.Based on the above two aspects,try to discuss the further modification of the system,put forward the idea of perfecting the civil retrial system,mainly from the back stage and the stage of the review,and then put forward the judicial system update.From the micro perspective,from the macro,in the judicial practice reveals the existing problems,combined with the foreign relevant provisions,put forward some suggestions to our country civil case remand perfect retrial system,in order to benefit the judicial practice.