The Thought Of Civil Retrial Procedure Negativity And System Reconstruction

The civil retrial procedure is one of the important parts of the procedure .It has been changed from specializetion to generalization step by step.The civil retrial procedure of our country has the characteristic of authoritism because of the influence of the former Soviet Union. It has shown a lot of weak points in the legal practice .This paper is based on the reasearch report of a certain medium court in the late five years.Tt will analyse the logic absurdity and realistic abuse between the subsystems of the civil retrial system of our country.This paper is based on the definition of the rationalization of the civil retril system and from angle of positivism legal philosophy and comparative law with the method of statistic analys.It will find out the week piont of exparte and absoluteness idealiztion on the level of value.It will think again of the basic conformation of the civil retrial systemof our country from the angle of law axiology ,law philosophy and law culture. It will bring forward the value and necessity of the civil retrial system of our country by learning from the other country'combined with the law culture, justice inertia and the factor of the hearing and change the original sentence. In conclusion,the paper will table a proposal of amend of the basic replacement and reconstruction of the civil retrial system of our country.It is from the sight and angle of a judge who has dealt with the work of civil retrial.The first chapter is the brief introduction of the concept and the character of the cvil retrial system,the general situation of foreign country and the basic circs of the study of zhe civil retrial system.It will give you a clear idea of the course and research of the civil retrial system.The second chapter will analysethe actuality and the weak point of the theory amount the idiographic systems of the civil retrial system of the civil retrial system of our country.Such as:the partise who brought the retrial,the legal cause of retrial,the parties,the times of retrial,the time regulation in retrial,the restriction of retrial,the register procedure of retrial,the retrial procedure,and so on.In the third chpater,first,it analyses the system causation and circumstance foundation stone of the civil retrial system of our country by considering the factors of guidelines,registerskill,social relationship and the people's legal diathesis.Then,it analyses the necessity of the civil retrial system by considering the angle of theory,comparitive and the realism.The fourth chapteris the "basic exchange and the system reconstruction'Mt presents the proposal of exchange based on the theory basis and the system basis of the civil retrial system. Meanwhile, it presents the detailed propoal combined with the relative theories and the writer' the law practice experience.The purpos of this paper is how to construct a comprehensive and systemic civil retrial syetem.