The Improvement Of The Civil Retrying Procedure Of China

Civil retrial procedure is one of the special legal relief approaches, its guarantee of social justice has become a last line of defense. The our country civil procedure law, the purpose of the process of judgment supervision lies through the retrial procedure, for those who have legal efficiency and is really wrong, ruling and the conciliation statement implementation remedial measures, and thus lawsuit effectively guarantee the correctness of the people's court to the referee and legality, protect our legal authority and dignity, to protect the legitimate interests of the litigants.However, recent years, with the development of market economy and science-induced social structure model change, whether in civil lawsuit system on the concept or institutional structure and mode of operation, many changes have happened. This change in the concept seems to have unfolded as the axis of the socialist concept, namely. On October 28,2007, the tenth National People's Congress standing committee of the deliberation by the session of the ten times by "about modify the PRC civil procedure law decision". The civil procedure law amendment makes our country's civil lawsuit for the party in the application for retrial get refinement, due in judgment on its affiliated enterprises, the main get get standardization review deadline, and therefore make the civil retrial has initially as a "retrial lawsuit" feature. This greatly solved plagued the country already a long time of "appeal difficult" problem, but also left some, the amendment issues, such as not limit retry times, retrial case is main body design logical not clear, not explicitly stipulated in the retrial case, this trial procedure and to some extent has led to new "retrial abuse the emergence of the status quo. This paper from the civil retrial procedure, then introduce the concept of western relevant retrial regulation, draw their inspiration to China, and then combined with the newly revised about civil retrial procedure of civil procedure law affecting the relevant provisions of China by the judicial civil retrial procedure effect factors and the analysis of existing problems in our country, finally the defects of the retrial procedure today, puts forward the perfect our country civil retrial procedure again the related Suggestions.