The Analysis Of Chinese Civil Retrial Cause

The reform of the Civil Retrial Procedure, which was talked about again and again, deserves in-depth analysis in the thesis. The Civil Retrial Cause, as basis of the civil retrial procedure, is considered as a"key"to open the door of the Civil Retrial Procedure. October 28, 2007, The Standing Committee of the Tenth National People's Congress promulgated the PRC Civil Procedure Law amendment. November 25, 2008, the Supreme People's Court issued on application of the Civil Retrial Procedure of the PRC Civil Procedure Law Amendment. The legislation substantially amends the contents of the Civil Retrial Cause, making the provisions more detailed. However, the community has been concerned with the reform of the Civil Retrial Cause. Therefore, I chose the issue about the reform of the Civil Retrial Cause as my Master's graduate thesis. The Civil Retrial Cause involves many sensitive and complex elements. I deeply hope that the thesis of analyzing of the Civil Retrial Cause could help to build a balance of judicial justice and judicial authority in the civil retrial procedure, making the procedure more reasonable and perfect.Except for the introduction and conclusion, the thesis consists of four parts.The first part analyzes the basic theory of Civil Retrial Cause. The Civil Retrial Cause is subject to the value of the Civil Retrial Procedure. This section discusses the concept of justice and judicial authority. Respecting for the court judgment will uphold the law stability and eliminate the dispute between litigants. So I emphasize that the Civil Retrial Cause should be limited to respect the ideology of Res Judicata. In addition, I compare two pairs of subject-related concepts--"Did Wrong" and "Judicial Error", "Mistakes must be corrected" and "Error Correction in Accordance with Law ", to better understand the premise of setting the Civil Retrial Cause. The second part is the subject of the history and reality Background in Chinese Civil Retrial Cause. All along, Chinese official over-emphasis on reversing judgment in legal system, which makes the same case trialed repeatedly. In addition, the principle of truth is simply grafted onto the judicial field. Moreover, officials view the phenomenon of difficulty to retrial as an anomaly, resulting in an error correction in Civil Retrial Cause. This part analysis the Chinese history and reality background in Civil Retrial Procedure, in order to correct the guiding ideology of the legislation.The third part is the subject of comparison and analysis of Chinese Civil Retrial Cause. I analyze the provisions and shortcomings of Chinese Civil Retrial Cause in 1991.In addition, I compare the new Chinese Civil Retrial Cause in 2007 to the old in 1991 and explain the major different of the two legislation of Civil Retrial Cause, in order to put forward a sound proposal on Civil Retrial Cause and make Chinese Civil Retrial Procedure more scientific and rational and operational.The fourth part is the proposal of setting the Civil Retrial Cause in our country. I propose to abolish the Civil Retrial Cause of the court and recommend that procuratorate start the Civil Retrial procedure with the only cause of the state and social public interests. I recommend the Civil Retrial Cause of outsider should be specified. In addition, I stress the cause for litigant to apply to retrial. I carry out sound proposals to enable the provision to better safeguard the legislative intent and make it more reasonable in the operation of the judicial process.