The Reflection And Perfection Of The Civil Retrial Procedure

This paper includes introduction, text, conclusions. Preface mainly involves the purpose of writing and research methods. This paper argues that the civil retrial procedure of our country needs to be rebuilded immediately. The civil retrial procedure of China is the product of the planning economic system.So there are too many defects to meet the needs of today's society. The author lessons from the foreign mature legislation and puts forward concrete Suggestions on how to amend the civil procedure law. Text is divided into four chapters. The first chapter discusses the concept, structure and meaning of civil retrial procedure. Chapter two discusses the present situation of the civil retrial procedure in our country from the guiding ideology of legislation, the start-up of retrial procedure and retrial filing review. The third chapter discusses the drawbacks of the civil retrial procedure including the start-up of retrial procedure, the design of the civil retrial legal reasons, protest system, the time and frequency of the retrial and so on. In the fourth chapter ,the author puts forward some concrete measures of reformation in view of the problems of current civil retrial system.The civil lawsuit procedure of China is taking a judicial philosophy that any mistake must be rectified. This has greatly promoted the judicial justice.But retrial procedure show some defects .Due to retrial procedure regulation is too ambiguous,some cases which need a retrial can't enter the retrial procedure.This is named retrial difficult.Some cases which don't really need a retrial case were constantly reopened.This is named retrial overcharging.Retrial difficult and retrial overcharging are two major drawbacks of retrial procedure.The case really need a retrial could not get the litigation resources.But the case do not really need a retrial wastes huge litigation resources.People solve legal problem through complainting.That damaged the fairness of judicial and the authority of judicial.Along with the lawsuit idea updating gradually, the reforming of our civil lawsuit system made certain progress. But there are still many places to be perfected. The author thinks that we can learn the civil retrial system from Japan and Germany .We can build retrial lawsuit system like Germany .Giving the retrial lawsuit the complete litigation rights can respect the autonomy fully. The improvement and transplantation of the institution can not decide the success or failure of the civil retrial system reforming. Judicial philosophy is the key to the reforming. The authority of the legal should be respected generally.The author researched the civil retrial procedure of France and Japan and suggested that the civil retrial system could be started only by the litigant.As the public right authority, courts and procuratorate should not Interfere the case of proprietary domain too much. Otherwise not only the autonomy of the citizen was violated,but the judicial resources was wasted as well.