The Reform Of Civil Retrial Procedure From The Viewpoint Of Instance System

The retrial procedure has been ordained in chapter 16 of the code of civil law presented,and procedures of trial supervision the guise of a civilian retrial procedures required. The civil retrial system, as a kind of legal remedy after the events. It is of great importance to protect the lawful right and interest of the parties and to realize the justice in national judiciary activities.Many flaws have been found in this retrial procedure system, On the one hand, it is really hard for the parties to a lawsuit to plead for a retrial. On the other hand, due to the low rank and unscientific arrangement of functions of the people's court, it is also rather difficult for the court to pursue the unification of law application and rectification of errors. It also leads to a situation of poor quality in lawsuit and high demands for retrial on cases. Moreover, owing to the low level requirements for initiation of a retrial, great number of retrials were actually started up, which have done serious harm to the stability and authority of those verdicts in effect.To find fundamental solution for the above problem, we must combine the reform on both civil retrial procedure and instance system. The full text is divided into five sections, approximately 35,000 characters. The first part gives definitions of civil retrial procedure with discussion of its function, and makes comparisons between retrial procedure and judicial supervision. The second part briefly recalls the history of it in China The third part concentrates on a comparative study of relative foreign legislations. In part IV ,focuses on the influence by the instance system on the retrial procedure, and puts forward suggestions on the establishment of a multiple instance system,Adjust the function of the courts. The last part deal with the reform of the civil retrial procedure under the muliple instance system. The idea of the reform should be changed philosophy of retrial procedure,instituted under the authority of a Court to abolish retrial,procuratorate instituted restrictions lodged retrial and establishment a retrial of lawsuit.