The Research On Accepting And Hearing Civil Cases Under Trial Again Of Gansu Supreme People & Apos;s Court

Decision of modifying Civil Procedure Law of People's Republic of China was passed by the Tenth Standing Committee of the People's Congress at its thirtieth meeting on 28 Oct.2007. Because there are lots of civil cases which are asked to be under trial again, for which the channel can't be kept open very well, the public increasingly complain that it's very difficult to appeal for justice and trail again, it's necessary to largely modify the original system of trial again, which gives the client's power for trial again more assurance from the law and at the same time asks the People's Court for something new and higher to try the requirement of trial again. For People's Court, compared with the former, how many changes have taken place and what are they in accepting as well as rehearing the civil cases asked for trial again? In practice, are there any problems or good methods? If yes, what are they? This article answers these questions according to the trial experiences with the acceptance and retrying of civil cases asked for trial again from the Gansu Supreme People's Court complete with some analysis, comparison, studies, inquiry and statistics.There are five parts in this article. In the first part, it talks about the shortcomings in the former system of trial again, the problems arises from that and reviews the confusion of lawsuit and investigation existing in dealing with civil cases asked for trial again. In the second part, it studies the acceptance and trial of civil cases asked for trial again from the following aspects:accepting and closing a case, censor means, conclusion, understanding and applying the reason of trial again. In the third part, it analyzes the controversial problems in the censorship and different methods. In the fourth part, it sums up the main difficulties in the future. In the last part, it gives some suggestions according to the author's practical experience.The author tries to organize the reality and problems in dealing with the civil cases asked for trial again after modifying the Civil Procedure Law, tries to think about how to rebuild a censorship based on the present one for trial again which is suitable for practical operation in the hope of being helpful to the future work.