Research On Remand Retrial System Of Civil Litigation

After the amendment of China’s Civil Procedure Law in 2021,there has been no substantive change in the system of remanding for retrial.However,there are still many problems in the practice of the current system of remanding for retrial,which is worthy of theoretical and practical attention.Through the empirical study on 216 civil cases,found that the civil retrial system in criminal procedure,the procedure for trial supervision and execute review process there are some common problems,such as the retrial not clarify back to reason,the referee documents do not conform to the stipulations,back to the reason is blurred,different courts have different standards,did not play the function of process supervision,The courts have different attitudes towards the retrial results and break through the trial limits.Some personality issues were also found.The reasons for the above problems vary.From the aspect of system design,the system positioning is not accurate,the standards of the remanding matter are unclear,the parties lack the right to participate in the procedure and the right to choose,the lack of necessary supervision mechanism,the judge’s discretion is too large,the original trial court handling remanding case lack of standards and so on.From the perspective of practice,judicial system,internal guidance mechanism and supervision mechanism also have obvious influence on the operation of retrial system.Based on the analysis of the causes of the existing problems in the system of remanding for civil litigation,the suggestions to improve the system design should mainly include the following contents: make clear the exceptional status of remanding as the result of judgment;Referring to the principle of verbal debate in the system of remanding cases abroad,and combining with the case guidance system of China,this paper puts forward the restriction of factual causes in the form of guiding cases,and at the same time details the processing mode of the case remanding cases with procedural causes.Endow the parties with the right to participate in and choose the procedure;Perfect supporting supervision and relief mechanism;Further limit the discretion of judges;To specify the original court’s disposal requirements for remanded cases.At the same time,the judicial accountability system of retrial case should be established in practice.Cancel the internal guidance letter,standardize the binding force of the retrial opinions;Refine the format requirements of the written judgment and set disciplinary rules.In view of the special problems in different trial procedures,such as the implementation of the review procedures appear substantive disputes can not be resolved,put forward corresponding suggestions for improvement,so as to attract more people to pay attention to the improvement of the civil lawsuit retrial system.