Research On The Reasons For Remand For Retrial In The Second Instance Of Civil Litigation In My Country

The retrial of retrial in the second instance of civil lawsuit is the method for the appeal court to settle the undecided ruling made by the people’s court of the first instance.The reason for the retrial must be based on legal requirements and strict application conditions.The main purpose of setting up the retrial of the second instance of the civil lawsuit is to avoid the problems of the infringement of the fairness of the trial and the improper interests of the parties in the judgment of the second instance court.From the perspective of China ’s legislative regulations,the reasons for the retrial of the second instance of civil litigation in China include substantive and procedural causes.In judicial practice,how to scientifically define the reasons for the retrial of the second instance is not only related to the top and bottom.The formation of unanimous ruling opinions between the two courts guarantees the impartiality of the ruling and plays a vital role in safeguarding the Case-hearing level interests.Through the analysis of the overall situation of China’s current second-instance civil retrial and retrial ruling and the specific retrial ruling,the majority of civil dispute cases have become more and more complicated in terms of fact determination,and the original trial The court’s lack of attention to the litigation procedures that must be followed in litigation has led to an increasing proportion of retrial cases sent back in the second instance.There are also a series of problems in the application of the retrial case for the second instance.The first is the abuse,misuse,etc.of the substantive cause for the retrial.Procedural grounds may also be subject to alienation.In addition,there are also irregularities in the carrier of the retrial grounds for retrial in the second instance,and the party’s right to choose a procedure in the retrial grounds for retrial is also controversial.Although some cases will be subject to strict approval when the application for retrial is sent back,form of approval just like try to stop water from boiling by skimming it off and pouring it back is usually only a degree of choice,and the public’s call for fairness is becoming increasingly fierce.The reason for sending back the retrial for retrial is still “statistical grounds are not clear” and “the procedure is seriously illegal”,and the matter for retrial for the second instance is not distinguished.The reasons for this include not only a certain deviation in the legislative concept of setting the reason for the retrial of retrial,but also the fact that the reason for the retrial of the retrial in the second instance is easily interfered by extrajudicial factors in judicial application.In order to improve the reasons for the retrial of the retrial in the second instance of civil lawsuits in China,the guiding principles for the retrial of the retrial in the second instance of civil litigation must be improved,the matters and scope of the retrial of the retrial must be reasonably defined,the content of the retrial of the retrial and the form carrier must be improved,and the litigants must have Program options.In addition,it is necessary to establish a supporting system for the retrial of retrial in the second instance of civil lawsuits in China,to establish a guiding case for retrial of retrial in the second instance,to establish a prior communication mechanism for retrial in the second instance,to grant the court of first instance’s right of defense in retrial,Establish a judicial accountability system for second-trial cases and retrial cases.