Establish Litigation Of Civil Retrial In Our Country

The whole thesis is composed of 3 sections: introduction, text and conclusion.In introduction section, the author points out the importance of civil retrial procedure, the universality of the litigation of civil retrial in civil law system, and the problems of civil retrial system in our country. Based on these hereinabove, the author advanced the issue: establish litigation of civil retrial in our country.Text is composed of 4 chapters.Chapter One: Fundamental theory. In this section, the author explains the conception, character, subject matter and interest of litigation of civil retrial, and points out the litigation of civil retrial is a fundamental way to startup civil retrial procedure. Generally speaking, the original subject matter is the only subject matter in litigation of civil retrial, and the reason of civil retrial is an important standard for interest of retrial litigation.Chapter Two: Comparative research between civil law system and common law system. On one hand, countries of civil law system all implement litigation of civil retrial, which balances litigants'right and courts'power in civil retrial procedure, and makes litigant become the only one who has the right to startup civil retrial procedure. On the other hand, countries of common law system don't have civil retrial procedure, but there are also some procedures similar to retrial procedure.Chapter Three: Existing system and problems. In this section, the author briefly introduces the startup procedure of civil retrial in our country, and indicates the defects: First, courts having the authority to start the retrial procedure infringe the litigant's right of disposing, and contradict the rule of"no trail without complaint"and judicial independence. Second, the authority of procuratorates to lodge a protest...