Reconstructing Our Civil Retrial Procedure

Reconstructing our civil retrial procedure is the thesis of this paper.Civil retrial procedure is one of the important parts in civil procedure law. Owing to the powerful impact of the former Soviet Union, it is strongly inquisitorial. With the development of the reformation of trial way, some problems have been gradually exposed.This article researches the theoretical basis of civil retrial procedure and analyzes in detail the main problems that the guidance principle is not in accordance with the regulation of civil procedure.For this purpose, Reconstruction of guiding ideology for retrial procedure should be grounded on such ideas as putting justice as basis, viewing benefit as the key, paying equal attention to both substantive and procedural things and making litigation right oriented.Then ,the article puts forward the detail of the reform way to perfect the civil procedure in our country: it is requirement of modern litigation ideology ,and retrial litigation operating model should be reconstructed around such as thoughts as taking parties applied retrial as the principal and taking procuratorate protested retrial as the secondary, making court judgment impartial and adopting no action with out request policy, and Reasons for retrial should be scientifically refined and so on.