Talk About The Perfection Of The Civil Retrial Matters In China

The civil retrial matter is the legal matter that can start the procedure of civil retrial, its clarify and perfection will protect the legal rights of the person concerned and safeguard the judicial justice ,so, the proposition of the civil retrial matter will be especially concerned. The civil retrial matter in the Civil Procedure Law of the People's Republic of China in 1991 was too vague to understand identefiably between court and the person concerned which causes the legal rights oppressed. And some civil retrial matters to start retrial procedure that were posed by the person concerned were very general can be used evil-mindedly to affect the normal order of the administration of justice or made other side person concerned disturbed. So, to perfect the civil retrial matter is very important in legislation. In the Civil Procedure Law of the People's Republic of China that amended in accordance with the Decision of the 30th session of the Standing Committee of the National People's Congress in October 28,2007, the civil retrial matter was amended specifically. The civil retrial matter is the key in the retrial procedure. Based on the condition of our country and the legislative feature and to solve the problem of appeal, the civil retrial matter was amended through the study of other countries'law. The amended civil retrial matter is more concrete and more clear to understand. This paper will be based on the principle that everything has good side and bad side to analyze and discuss the amended civil retrial matter and raise the writer's suggestion.The main body of this paper is divided three parts: The first part is to introduce the system of civil retrial and the procedure of civil retrial,the generally situation of the China's legislation and the amended reason and background of the procedure of civil retrial. The second part lists the amended contents of the procedure of civil retrial and detailedly analyze the positivism and negativism of the amended procedure of civil retrial. The third part is to raise writer's suggestion about how to perfect the civil retrial matter,for example, the guiding ideology should be amended from"seek truth from fact, correct the mistake"to"seek truth from fact , correct the mistake on a limitation"; the civil retrial matter should be more clear more definite and more detailed ; and to pose the civil retrial matter , we must take either procedure justice or entity justice seriously.