Civil Legal Error Correction Mechanism Research

Through the judicial realization justice is the judicial activity ultimate value criterion. As a result of the humanity own cognitive ability congenital limitation as well as various factor influence, the judicial process is impossible to design perfectly , also it is impossible to have the perfect legal performer, so wrongly unavoidably . Therefore there needs to set up each kind of legal error correction mechanism to solve the problem. The legal error correction mechanism belongs to the legal community. Speaking of its eventually significance function, it must correct carries on the following recovery and rectifies when the mistake and the careless mistake has appeared in the procedure ,in order to realize fair and procedure intrinsic value satisfying. The civil legal error correction mechanism has its distinct characteristic and the unique value goal, which is decided by the civil legal relationship private power nature as well as the civil action characteristic. This article plans begins from the microscopic angle to discuss in the most important link of the civil legal error correction mechanism, namely civil retrial procedure. Retrial the procedure the civil actionprocedure is imperfect, but the disorderly error correction can cause the civil action procedure excessively to fall into chaotic.The guiding thought and the system design of the retrial procedure legislation has direct or indirect influence on the entire civil action procedure movement. Its basic value orientation and the foundation standard choice must conform to civil action itself characteristic . It must conform to three great basic values, the procedure to be fair, the lawsuit benefit, the procedure stabilizes.The diseases of our country present civil retrial system in the law and the practice have already been denounced by the scholars and the judicial personnel widely. Investigating its reason, guiding ideology and system design of present civil retrial procedure legislation exist basic flaw. This article will conduct the real diagnosis research on the existing question of our country present civil retrial procedure, at the same time compare with the overseas related system, reconsiders the construction and the standard choice of our country civil retrial system values, and propose the conception of the establishment of retrial system.