The Study On Civil Retrial System

Civil retrial system as an important part of the Civil Procedure Law, played an extremely important role in correcting the errors of court judge, maintenance justice fairness, and protecting the legitimate rights of parties by special relief program provided by parties to the greatest extent. However, studying the existing legislation retrial system is with strong color of authority from concept to detailed system design, while it ignores the parties'disposition, making the retrial system inconsistent with the concept of the modern civil and civil law principle in many respects. This paper based on defining the basic concepts of civil retrial system, describes the relationship between retrial system and other relevant legal system, and other relevant theoretical issues. And it studies the legislative evolution of civil retrial system, the existing provisions, and the relevant legal system of correcting wrong judge by foreign court. Finally, for the existing problems in civil retrial system in our country and on the basis of the reality, it proposes the strategies and suggestions for promoting in order to complete China's civil retrial system.This paper is composed of three parts-introduction, body and conclusion.The body part is divided into five chapters:The first chapter is an introduction of civil retrial system. It defines the concept of civil retrial system, reveals the characteristics of civil retrial system, clarifies the relationship between civil retrial system and relevant legal system, and explains the legal basis and function of civil retrial system, which lays a solid theoretical basis for the reconstruction of civil retrial system of our country.The second chapter is the evolution and legislative situation of China's civil retrial system. It briefly introduces the evolution and development of China's civil retrial system. It reproduces the legislative situation of China's civil retrial system, taking several different ways to start retrial procedure for clues, such as the court decides the retrial, procurator ate protest and the parties apply for a retrial.The third chapter is the comparison and analysis of the foreign civil retrial system. It studies the relevant legislation on foreign civil retrial system to improve our civil retrial procedure by system comparison, China's reality and absorbing, learning their advantages in the system concept and system design content.The fourth chapter is the drawbacks in China's civil retrial system. It makes reflection and review on China's civil retrial system from the retrial concept, legislative skill and judicial practice to make a more completed civil retrial system.The fifth chapter is improving the concept of civil retrial system. It proposes several strategies and suggestions for the drawbacks of China's civil retrial system by analyzing and summarizing. Moreover, it can make China's civil retrial more scientific, and promote the continuous progress in rules of law and development of our society.