The Study On Civil Retrial Causes

the "key"parties to start the retrial procedure and is also the "firewall" for court maintenance sentence effective stability and authoritative. The retrial cause start-up the retrial procedure. And once the retrial procedure starts, we might have caused the effect of the original was overthrown, thus it will shake the referee's credibility, unfavorable to safeguard judicial authority and determined the legitimate interests. So, it is always an academic direction to set up reasonable retrial reason. As a result of the present retrial procedure located in the error correction, and the litigation court can not correctly to ascertain the facts and evidences, and it is important to set the factual retrial causes. So,thorough analysis factual retrial causes to find out the problems and puts forward the reasonable countermeasures for its perfect will be a meaningful work.The whole thesis has five parts, the abstract, preface, text, and conclusion and thanks. The text is divided into four parts.The first part is the theoretical analysis of civil retrial cause. In this part, firstly, the author describes the theoretical connotation of the civil retrial cause, and analyses the close relationship between res judicata and civil retrial cause, finally introduced classification of civil retrial cause. The second part is the theoretical analysis of civil retrial cause. Its main describes the classification of the factual retrial causes, the unchangeable idea to set factual retrial causes which should be hold and it will safeguard of res judicata and judicial justice reasonable balance and stick to the facts on the premise of the great and uncertainty principle. The third part is comparative analysis of foreign civil retrial cause.In this part ,from a comparison perspective ,the author legislative overview about civil retrial cause in civil law countries ,such,as Germany, Japan, France, Austria and Anglo-American and relief system of the effective judgment in common countries.Especially for their applicable philosophy to strict restrictions on factual retrial cause of the and the "thinning"methods to regulate factual retrial cause which should we reference and study. The last part is the most important part of the thesis ,it is method to perfect the factual retrial cause of our country. In 2008 our country through a new revision of the civil procedure law, which is due to retry the provisions of the civil retrial cause, so in this part, first I make an and progressive evaluation on the amendment's .the modification keeps the present factual retrial reason for more specific and easily quotes by people who involved in the case and examined by the court.however,it is not perfect for the revised factual retrial cause and it still exist fuzzy definition and some cause can not defect easily. In this part, author analies the defect of the factual retrial causes, and references foreign factual retrial alternative philosophy to favors the operationalization and regulation the recommendations.