The Research Into The Reform Of The Adjudicatory Supervision Procedure Of The Civil Cases In China

The civil case retrial system plays an important role in our country civil lawsuit. This system which has come into the legal effect is considered to have many flaws or have serious handicap in the procedure of the judgment by the People's Court, the People's Procuratorate or Litigant. And it is a kind of judicial proceedings that is put forward or applied for retrial according to the legal condition or tried by the People's Court. The civil case retrial system is of great significance to maintain that the judiciary is fair and protect the legitimate rights and interests of the litigant. The judiciary of reform in our country has been carried out many years but the reform relates to the procedure of civil lawsuit just the and second trial. With regard to the Adjudicatory Supervision Procedure of theCivil Cases in China,reform involves the lessIt is just staying around the surface and make an inquiry into the thorough reform.The article points out the problems existing in the current adjudicatory supervision procedure of the civil cases based on the thorough analysis , discusses some problems of reforming the retrial procedure in the foundation of the related theories and mature law making which draw on the experience of the relevant civil case of abroad about the retrial system and puts forward the author's speculation to perfect the civil case retrial system of our country .The whole text is divided into four charpters.Charpter1 The outline of Chinese adjudicatory supervision procedure of the civil case. It explains the differences between this procedure and others, elaborating the theory basis and guiding principle of civil new trial system. The foundation of adjudicatory supervision procedure of the civil cases. It analyses the function of the retrial procedure to remedy the party's rights, to correct the judicial authority ,and to supervise the judicial authority.Charpter2 The comparison research of the adjudicatory supervision procedure of the civil cases. This chapter analyses and compares the adjudicatory supervision procedure of the civil cases of the United States, German and Japan, and gets several suggestion for our system.Charpter3 The defection of our country's adjudicatory supervision procedure of the civil cases. It points out the defection at the guide principles of the retrial system, and analyses the problems existing in raising the retrial of the People's Court and the People's Precuratorate, and applying for retrial procedure of the litigants.Chapter4 The reconstruction of our country's adjudicatory supervision procedure of the civil cases. It puts forward the guide principle of reform and a series of measures of reform directed against the subject of the raising retrial ,the cause of the retrial ,the starting procedure, the frequency of retrial and the payment of court costs...