Empirical Analysis Of The Civil Retrial System

Retrial system and a country's ordinary relief program and basic judicial system of science are closely linked. Judicial practice, retrial system played a positive role. But also produced some negative influence, main show is in the judicial practice there appear a large number of cases of judge him for long. These cases exist not only make the case the parties in lawsuit tired under the legal rights not promptly protection, but also increased the litigation cost and waste a judicial resources and influenced the judicial justice and efficiency, and damages the dignity of the law and judicial organs reputation was also questioned the social from all walks of life. It is necessary to present retrial system consummation. Therefore, this article from the supreme people's court statistics based in China in the past decade, prompting retrial system operational status of the trend, and has drawn out for retrial system thinking. Firstly, the author retrial system legislation of investigation, in order to seek retrial legislation system flaw, and analyzes the reasons, and in China retrial legislation on the basis of investigation, inspects the world about the retrial of legislation, this paper compares their differences in provisions, in hopes of China retrial system consummation for reference. Then,the author retrial system of judicial practice investigation, the hope can from the discovery in practice retrial system insufficiency, to perfect retrial system, finally the author lay a good foundation for our country's judicial practice, points out the problems existing in the retrial system, then put forward propulsion retrial system reform and perfect the system of the our country guide parties parties retrial system conception. This paper totaling more than 20,000 words, is divided into three parts. The first part is retrial system legislation survey. In the first place, through China retrial system, combining with the legislation of investigation the research emphases in this paper, the author puts forward the retrial system in legislation the insufficiency and the defects. Secondly, foreign retrial system inspection section, its research has the following important significance: based on two big law country legislation comparison, hope can extract form the retrial of opinion. The second part was the retrial system review and analysis of practice. First is analysis of second instance court facing the retrial of present situation, obtained because of evidence for a retrial proportion of retrial procedure dwindling-and proportion is on the conclusion. Secondly, to court facing the retrial of case analysis. Finally, this article puts forward the parties facing the retrial of current situation analysis. The third part is China retrial system reform and perfect. This part of the main reveals the retrial of core value and from the specific Angle of retrial system caused problem do each break for hopes to set new trial system for litigation beneficial procedure system.