Rethinking And Improvement In The Civil Retrial Procedure

It is well known that the civil procedural law has come into force since 1991. But, with the reform of the society, the development of the market economy, the progress of the procedural ideas, the problems in retrial procedures have become more and more acute in the reform of civil litigation systems. In order to establish the sound theoretical basis in the reform of the civil retrial procedure, we should rethink the view of legal value. Under the guidance of correct procedural theory, the reform should not only be practical, but also be scientific.In the author's opinions, the differences between the retrial procedure and the trial supervision are great, the concept of retrial procedure should be adopted in the reform. The author also analyzed the orientation of value in retrial procedure , and proved the opinions that the orientation of value should always be diverse, the procedures should be stable, and the theory of procedure stability should be established. In addition, compared with the systems of the retrial procedures in other countries and districts, which are more advanced and efficient, the author also found a lot of problems in our retrial procedures. For example, the prejudiced guiding principals, such as "to seek truth from facts, to rectify whatever is wrong" is always being hold in retrial procedures, the retrial procedures can restart easily, the procedures are becoming more and more authoritative and endless, the operation procedure of retrial has not been established legally. To solve these problems, firstly, we should establish the guiding idea which is to rectify errors by law. Secondly, we should reconstruct the retrial procedure systems.