A Rational Ponder On The Reconstruction Of Our Country's Civil Retrial System

Since long ago, our country civil retrial system has revealed its shortcomings because of some in-born reasons, right relief seriously flaws. The reconstruction of civil retrial system must manifest the protection thought, must achieve the following four goals. First, establishes the litigant's suing"super high way", practically solves the "application retrial difficulty"; Second, fulfills limited retrial, ceases overflows to examine, to sue, so guarantees the limited judicial resources to obtain maximum uses, promotes the society's greatest degree harmonization; Third, respects the litigant right of suit and disposition, but also the citizen's right and freedom under the market economy; Fourth, maintains the judicial authority, enhances the entire society's law consciousness, rule consciousness. The article, in the foundation of law discrimination of legal principle theory, through seeking the origin, inspecting and the comparative analysis to the Chinese and foreign civil retrial system, thought that present civil retrial system exists deviation legislation idea, unbalanced value choice, improper location function, litigant right of suit, disposition is weak the system design is unscientific and low operation degree problems then advocates under the rational ponder foundation, reconstruct our country's civil retrial system according to the plan of "two step walks", first step will be consummation the intrinsic present legislation frame in a short-term, second step then will be reconstruct the brand-new civil retrial system after the mature of certain conditions.