On Illegally Depriving The Party’s Right To Debate In The Cause Of Retrial

As one of the civil retrial causes in China,"depriving the parties of the right to debate in violation of the law",its starting point is to guarantee the fairness of the procedure and to safeguard the subject status of the procedure of the parties.However,after the establishment of the retrial cause,due to the abstractness of the legislative technical specification,the application of the retrial cause in practice is relatively chaotic,and the standard of identification is not uniform,which leads to the academic community to question whether the retrial cause of this article should exist.In this paper,from the legislative,judicial,two dimensions of unlawful deprivation of the right debate as the present situation of the retrial reason be re-examine,debate about unlawful deprivation of the parties rights as the flaws of the retrial reason analysis,on the basis of face defects,points out that the unlawful deprivation of the parties rights debate in our country as a civil retrial reason has theoretical value and practical significance,and puts forward to perfect the unlawful deprivation of the parties rights debate as the retrial reason path of specification and review.The text of this paper is divided into four parts:The first part: The legislative evolution and judicial operation of illegal deprivation of the parties’ right to debate as a retrial subject.This part carries out a comprehensive review of "depriving the parties of the right to debate in violation of legal provisions" from the perspectives of legislative evolution and practice operation,in order to understand the current situation of the cause of retrial of this article.The second part: Analysis on the defect of depriving the parties of the right to debate as the cause of retrial.This part mainly elaborated "in violation of the provisions of laws,deprived of the parties to debate right" as the flaws of the retrial reason,namely the unlawful deprivation of the parties to debate rights does not conform to the retrial reason establishes standards,rights and other unlawful deprivation of the parties to debate retrial reason is overlap,unlawful deprivation of the parties rights debate,heavy procedural justice.The third part: Reserve the right to deprive the parties of the right to debate as a reason for retrial.This part proposes the theoretical value and practical significance of illegally depriving the parties of the right to debate as a retrial cause in our country on the basis of the defects of illegally depriving the parties of the right to debate as a retrial cause.The fourth part:Depriving the parties of the right to debate in violation of the law is the way to improve the cause of retrial.This part proposes to improve the normative path and review path of depriving the parties of the right to debate as the cause of retrial.On the normative path,it is improved by clarifying the scope of depriving the parties of the right to debate as the cause of retrial,and re-standardizing the expression of legislative terms.In the way of examination,it is improved by strengthening the webcast of the trial and adding the opinions of the parties to the trial as the content of reasoning.