The Research On Reform Of Retrial Procedure In China

Retrial procedure is technically designed to correct the errors in the efficient judgments, to protect the legal rights and interests of the litigants, and to maintain the law' s solemnity and the court' s authority. Owing to the influence of system of planned economy and Soviet Russia civil procedure law, in our country, the academic study on retrial procedure is very unsubstantial, even is on the wrong direction. Many Academic problems need to be eliminated. There are lots of defects in the system of retrial which can not meet the requests of market-oriented economy. Therefore, it is essential to rebuild the system of retrial.The present article is based on an analysis of the defects of the current retrial system, the remedial procedure of correcting improper judgments in foreign countries and the review and summing-up of the Chinese traditional experiences in dealing with retrial cases get some preliminary suggestions merely to solicit better one from those cherishing the same ideals.In the author' s eyes, when we reshape the retrial system, we should not pursue unilaterally the value of justice but should achieve the proper balance of the law' s values. le should also establish two fundamental principles for the reform. The first is the principle of autonomy of all intents of the parties; the second is the rectification in accordance with law. Under the guidance of these principles, the author suggest the way to rebuilt the retrial system lies in: cancel the provision that the courts have authority to start the retrial procedure actively, improve the system of procuratorial authority lodging a protest against court judgments and set up the system that only the litigants have the right to institute the litigation of retrial.