The Research On Retrial Of The Civil Procedure Law

The retrial procedure is a important section in the civil procedure law. Almost every nation including China has prescribed it in the civil procedure law. Though the scholars in China have studied the retrial procedure very detailedly and gained a great deal of productions, some important issue has not understood deeply, so we must make it clear. Based on the substance and the stand of the retrial procedure, This paper try to get a new point about the retrial procedure.This paper is divided into six sections:Firstly, I discussed the retrial procedure's foundational theory. On one hand, I believed that the retrial procedure is a compromise between the maintenance of the power of judge and the relief of the flaw of judge. On the other hand, I argued that the stand of the retrial procedure is to project the parties' rights.Secondly, I introduced the retrial procedure of the western. I held that the western retrial procedure behaved the substance and stand of the retrial procedure, So it is worthy of ours learning.Thirdly, I depicted the China's retrial procedure, and summarized some characters about it. I thought that the Chinas' retrial procedure did not behave the substance and the stand of the retrial procedure.In the forth section, I rethought the theory of Chinas' retrial procedure, pointed out some of faults and totaled a series of reasons about it. So it is necessary to reform it immediately.In the fifth section, Based on the substance and the stand of the retrial procedure,I argued that the most key is to rectify the spirit of the retrial procedure in the reform of the retrial of civil procedure law, though it is very necessary to devise the system of the retrial procedure at the same time.Finally, I summarized the based clues of this paper, pointed out the core of the reform about the retrial procedure again.