| Jurisdiction is the last protective screen of the social justice, if the jurisdiction is short of supervision and restriction, then the right of jurisdiction may be the flood rushing out of the bank. Therefore, we should setup the multilayer supervisive system for the right of the jurisdiction in order to maintain the justice and guarantee the authority of the jurisdiction. The new trial system is one of the important systems of remedy, supervision and correction, and it also the last guardline of the last protective screen. As a kind of supervisive and remedial trial system, the civil new trial system in our country plays a positive role for correcting trial errors, protecting the legal interests of the parties, guaranteening the justice. But the present new trial system has a lot of defections no matter we see from the angle of the theory or the practice of the law. The civil procedure law stipulates so inflexibly and corsely that it short of the reasonably and operation, especially the new trial for once more time without any limitation makes the "double trial is the last trial" system dosen't really exist, the finality of the verdict and authority can't assured, sometimes it is easy to result in the abuse of the power. There're hot debates among the theorial and practical fields, the function of guarding against and correcting errors can't applied sufficiently, the anticipatory determination of establishing this system is difficult to achieve. Nowadays, with the reform of the people's court developing in depth and awareness of the legal system strengthening gradually, rebuilding the concrete regulations of the civil new trial system, perfecting the procedure of it has been the common demmand in both the theorial and the pratical fields, in the meanwhile, it is an urgent task of the legislative unit.This article attempts to discuss the resource, the functional defections and the related measures for the perfection of our civil new trial system, trying to give suggestions from the theorial basis and pratical operation, supplying the reference for our civil new trialsystem.(1)If tracing back to the resource of this system, we can see that the pattern of the authority always taking up the main position of our new trial procedure. The pattern of applying by the parties is still of great difficulties in the normal mode of thinking. The main reason of giving rise to the new trial usually is "there're errors indeed". All of these made the building of the new trial system established on the basis of the subjective judgement, the character of arbitration and flexibility is prominent.Knowing the resource of it can help us know its procedure of the development and comprehend the inevitability and accidentally of this system in the particular period, therefore it can supply the historical reference for the people to design or perfect it more reasonably.(2)We can know there are so many drawbacks indeed by analyzing this system. Owing to the existence of this drawbacks, it makes a valid verdict be lashed by various mainbodies in various ways and without any limitations, it makes the authority of the jurisdiction be affected and resource of it be wastered. The phenomena of litigation again and again is serious, the burdern of the parties is also heavy. Through the analysis of these drawbacks, it points out that the infinite new trial is the basic reason of these drawbacks and it also the basic reason for the values to develop. Therefore, building the finite new trial pattern is the base of designing the procedure of it in all countries, it is also the crux of the reform of the procedure.(3)This article is trying to help people realize the values of its procedure by analyzing the theory of law of the civil new trial system, then making preparation for establishing the legal pattern of the civil new trial. In the meanwhile, it can supply the theorial and pratical basis for making a clear division of the guiding principles, direction and outlet, for eatablishing this system scientically and reasonably,...
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