Civil Retrial System

On the basis of the constitution of fundamental theory and comparative research, the author would like in this dissertation to analyze and discuss the civil retrial system in China from multi-angle, which includes legislation, legal practice, the function and role of the trial supervision and its impact to the construction of social legitimate country in China. Furthermore, the author puts forward his suggestions on perfecting Chinese trial supervision system which could comply with basic theory of civil procedural law, protection of litigant's procedural rights, with the function of res judicata and the very characteristic of the trial supervision system.The dissertation is categorized into five parts.The first part focuses on the basic theory of trial supervision system in order to provide theory basis for the constitution of trial supervision system. In this part, it would be submitted that the Chinese civil retrial system is not only a specific procedural system to remedy the grievance litigants whose private rights have been infringed by injustice judgments, but also a system employed by procuratorate or court to perform trial supervision power under nation-central notion. Thus, its nature is to intervene the disposition of the private rights by the public power. From the procedural function, the trial supervision system can be used to remedy the faults in trial process and litigants'legal rights, to restrict and supervise public power, to safeguard justice and the dignity of law and to change the traditional ides of complain. From the system value, the value basis of the trial supervision system is the fair judgment on private dispute, the right basis is the actio and disposition right of litigants, the objective basis is the pursuit to res judicata.The second part proceeds the comparative research on civil retrial system. The author introduces the civil retrial system worldwide, especially the system in civil law countries. The author further compares and analyzes foreign systems, summarizes the common characteristics and interior regular of the legislation on retrial. All these discussion can contribute to the basis of the innovation of the Chinese system.In the third part, the civil retrial system in China is analyzed from multi-angle. The...