On The "Intention Of Legislation" In The Retrial Procedure Of Civil Litigation

"Legislative original intent" is also called "legislative original intent",which refers to the fundamental value orientation and judgment of legislators when making laws.The "legislative intent" is favored in the legal system of our country.It runs through the levels of legislation,judicial interpretation and administrative regulations and is emphasized as a standard for legal interpretation and law application.This emphasis is further reflected in the civil retrial procedures.In 2008 and 2015,the "legislative intent" appeared in the "Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of the "Civil Procedure Law of the People’s Republic of China" Trial Supervision Procedure"and Interpretation of the Supreme People’ s Court on the Application of the Civil Procedure Law of the People’s Republic of China as a judgment on whether the applicable law is correct or not The standard enters the civil retrial procedure and enters the cause of the civil retrial to regulate the initiation of the civil retrial procedure.However,there are still many theoretical and practical issues surrounding the "legislative intent" that have yet to be resolved.What is the specific connotation of "legislative intent"?How can the "legislative intent" enter the law,and what is its legitimacy and rationality?Specific to the reality of China’s system practice,what is the actual status of the "legislative intent"?How does it perform in the practical operation of the civil retrial procedure?Starting from the above issues,this article discusses and analyzes the "legislative intent" in the civil retrial procedure.Specifically,the article is divided into six parts.The first part is the foreword,which presents the research backdrop,and at the same time makes a simple review of the current research status of the "legislative original intent";the second part is the introduction of problems,mainly reveals the "legislative original intent" through the analysis of normative legal documents It is favored in the legal system of our country,and it is valued at the legislative,judicial interpretation,and administrative regulations.This emphasis is further extended to the civil retrial procedure-in the context of the gradual standardization and objectification of civil retrial reasons,The entry of "legislative original intent" into the civil retrial procedure has become a part of the civil retrial procedure;the third part mainly discusses the specific connotation of "legislative original intent",focusing on the accurate positioning of "legislative original intent.from the perspective of time dimension and specific content,and explains the"legislative original intent" "In fact,it refers to the fundamental value orientation and judgment of legislators in the history of making laws;the fourth part is the dispute of "legislative original intent" into law,mainly discussing the legitimacy and rationality of "legislative original intent".Responding to the main questioning opinions on the "legislative original intent",explaining that the "legislative original intent" really exists and can be understood in a certain way,and then expounding the legislative issue of the "legislative original intent" and discussing the theory of the "legislative original intent" It is based on and can respond to the design requirements of the retrial system.It is also an inevitable requirement for the significance of the reason for the retrial.It is not contrary to the principle of complementarity,and its entry into the law has sufficient legitimacy and rationality.The fifth part shifts the focus to the perspective of practical operation.The combing and summarizing of relevant judgment documents explores the performance of the "legislative original intent" in specific practical operations,and tries to summarize the specific reasons for the improper operation of the actual operation from the perspectives of legislative technology and judicial status;the sixth part focuses on the improper operation of the "legislative original intent" Chang’s reasons put forward corresponding countermeasures and prospects in order to provide some thinking for the normal operation of the"legislative intent",so that it can truly gain vitality in practical operation and realize its value.