| The system of civil retrial is very important in the civil action in China. it is not only the main channels and means of judicial relief in China, but also one of the important means of judicial supervision. It ensures the equal litigation of clients, just procedures, thus acting as an important guarantee of justice. However, it can lead to low efficiency of the proceedings, the destabilizing effect on magistrate, a violation to dispositions of a litigant, which is far away from the pursuit of the law: justice, fairness, efficiency. On the other hand, it is the primary means of judicial relief, and its significance and roles are far beyond the negative effects. Therefore, as an important component of China's legal system, it will exit for a long time, and after the perfection, it will be a good impetus to China's legal development.Basing on the research of related issues of civil retrial system, considering civil legislation of China, referring to related foreign regulations and judicial practice, I probed into several fundamental issues of the civil retrial system of our country in two parts: 1. Analysis on the defects of current system of civil retrial in China; 2. the vision of the system, and some suggestions relating to the problems.The first part describes mainly the deficiencies of current system of civil retrial in China.The implementation of Civil Procedure Law of The People's Republic of China shows that there are still many problems in the civil retrial system. The main points are: first, the current civil retrial system in China violates the fundamental principles of civil retrial. According to the principle of autonomy, the regulations of the right to litigate, dispositions, civil parties can exercise their civil rights and litigation rights freely in the framework of the law, while the state should not step in. The clients are free to decide whether to bring the case to a retrial, which is a concrete sign of the parties' exercising their...
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