The Study On The Civil Retrial Cause Of Our Country

The retrial procedure is a special way for a legally effective judgment which has a statutory retrial in our existing two-tier appellate system. The retrial reason as an important link to start the retrial procedure, has a dual significance which will not only give the rights of the parties seeking relief but also limit them to a certain range in order that the retrial procedure is on the balance point in the maintenance of judicial res judicata and error correction in accordance with the law. In this paper, the writer elaborates the set of civil retrial reason in our country in the perspective of res judicata. The res judicata theory can be said to be the end point of the theory of litigation. The retrial reason as the basis to start retrial procedures plays the role of startup mechanism and assumes a retrial from the negative side of the delineation of the scope of it.The paper is divided into three parts. The part one is an overview of the civil retrial and res judicata theory. The author explains the basic theory of the civil retrial reason and res judicata, the relationship between retrial procedures and res judicata. The part two adopts the comparative approach to analyze the legislation of the retrial reason of civil law and common law countries to conclude its general rule combined with the specification changes in China’s civil retrial reason and analysis of the transformation and defects about the pervious revised ones. The part three discusses the proposed method of how to improve our civil retrial reason and basic direction and guiding ideology of civil retrial procedure. The author focuses on the existing problems in the retrial reason by classification and puts forward some recommendations.