Retrial Transformation Process And Retrial Construct

As the society is evolving, the phenomena of law are getting more and more complicated. Accordingly, the procedure is getting more and more subtle. It has been emphasized by many scholars that the process of law development is actually the process that the procedure gets rigorous. Retrial procedure is technically designed to correct the errors in the efficient judgements, to protect the legal rights and interests of the litigants, and to maintain the law's solemnity and the court's authority. Owing to the influence of system of planned economy and Soviet Russia civil procedure law, in our country, the academic study on retrial procedure is very unsubstantial, even is on the wrong direction. Many academic problems need to be elliminated. There are lots of defects in the system of retrial which can not meet the requests of market-oriented economy. Therefore, it is essential to rebuild the system of retrial. This paper wants to study and discuss the most basic academic issues, with the expectation that it can lead scholars to attach importance to the study on retrial system. In the author's eyes, the way to rebuilt the retrial system lies in: cancel the provision that the courts have authority to start the retrial procedure actively, improve the system of procuratorial authority lodging a protest against court judgements and set up the system that only the litigants have the right to institute the litigation of retrial.Introduction: As we know, any material system must be sustained by corresponding value notions. Therefore, when we establish a new system and modernize it, we should renovate out-dated value notions and set up new ones to sustain the new system. Before establishing the system of retrial, conventional litigation notions must be renovated and new ones should be established, which is the key that decides weather the reform can succeed. The primary task of this part is to set academic premise for rebuilding retrial system.Chapter one: Summary. To study and rebuilt a system, the premise is that we know well it's cause of formation and history of developing. Only when we review the system from the point of view of history, is it possible to avoid blindness and insularity. The task of this chapter is to see about academic foundation on which countries of continental law system built retrial system, and then to cast back the history of founding and developing our country's retrial system. What the author wants is to know retrial system's value in theory and in practice and the deference between our country's value and other countries' by comparing our country' retrial system with other continental countries'.Chapter two: The procedure of court supervision. The procedure of court supervision is the procedure which will be used when the rectors of the courts think there are errors in the efficient judgement, ruling and reconciliation agreement made by the court he belongs to and the superior courts consider there are errors in the judgements made by the inferior courts and decide to retry the case. The provision that the courts have authority to start the retrial procedure actively is contradicted to many litigation theories, therefore, the author suggests to cancel the provision. The aim of this chapter is to show the wrong caused by the provision that the courts have authority to start the retrial procedure actively to sustain the opinion to cancel the provision.Chapter three: The procedure of procuratorial authority lodging a protest against court judgements. The provision about this procedure is too abstract and not concret enough to manipulate. The fact that the procedure of procuratorial authority lodging a protest against court judgements is not used efficiently makes the necessity of establishing and keeping this procedure doubtful. In the author's eyes, it's still necessary to keep the procedure; what we must do urgently is to rebuilt and perfect this procedure by founding the integrated system by which the procuratorial authority can supervise the civil litigation efficiently.Chapte...