Research On Civil Retrial Causes

The civil retrial procedure in our country is a procedure of trying a case again in order to correct the error of the effective judgment.It is neither a continuation of the civil procedures of first and second instance,nor an independent trial level.The retrial procedure,not a necessary procedure for every civil litigation case,is just a special post-incident relief procedure,and the object of its trial is the confirmed effective judgment.Although the retrial procedure is to safeguard the fairness and justice of the law and protect the legitimate substantive rights of the losing party,it is destined to deny the legal effect of the effective judgment and shake the legal relationship determined by it.Therefore,the initiation of the retrial procedure needs to be strictly limited.The civil retrial causes are the key to start the retrial procedure.When the interests of the parties in the original trial are damaged due to the effective judgment,the retrial causes determine whether the retrial can be started and whether the errors of the effective judgment can be corrected through the retrial.The legislative development of civil retrial cause in our country,which is started from zero,is now minutely established.In the civil procedure system of civil law countries and regions,the civil retrial causes are relatively complete,and the establishment of retrial causes generally follows the principles of certainty,significance and supplement.Analyzing the civil retrial causes of the civil law countries and regions as well as the judicial practice of our civil retrial procedure,it is concluded the shortcomings of our civil retrial causes as follows,the retrial causes undistinguished by different objects,the need of refining the retrial cause,the lack of supplement principle.It is suggested to distinguish the retrial causes of different objects,and to set the retrial causes applied by an outsider.There are some of the retrial causes frequently used,such as new evidence enough to overturn the original judgment,wrongly applying the law and illegally depriving the rights to debate.These retrial causes could be elaborated by limiting the types of new evidence and strictly defining how far is enough to overturn the original judgment,as well as refining the retrial cause of illegally depriving the rights to debate by referring to the retrial causes in South Korea and Taiwan,and specifying the retrial cause of wrongly applying the law.The supplementary principle,which makes the applying for retrial difficult,also standardizes the retrial procedure and urges the parties to give priority to the civilprocedures of first and second instance.It is suggested that the supplementary principle should be added to the civil retrial procedure.The civil retrial causes are not only the key to open the retrial procedure,but also the safety valve to ensure that the effective judgment is not easily overruled.The civil retrial causes play an important role in promoting the correct implementation of laws and easing the difficulties of retrial.