Ponder And Self-criticism On China's Civil Trial Surveillance System

China's supervision system of civil justice is a remedial system, which has a positive meaning for correcting erroneous decision, safeguarding the legitimate rights and interests of litigants, and guaranteeing the justice. But with the progress of society, and the changes of judicial concepts, the current legal provisions if this system in the judicial practice is revealing their disadvantages, and has a lot of negative impact. On one hand, the situation that litigants have difficulties to claim and appeal for retrial is prominent very well, the aspirations of litigants help to supervision system of civil justice for correcting the mistakes of civil justice are hard to achieve. On the other hand, the number of reopened cases has increased every year, the retrial procedures have been frequently and arbitrarily started, and some cases have been continuously reopened. Even this system opens the convenient door for those who abuse their power to intervene the judicial process out of its procedures. The stability of judgment and the authority of jurisdiction have been severely damaged. The judicial crisis caused by the defects of theory and the confusion and conflict of judicial practice in supervision system of civil justice triggered the theoretical and practical sides to think of this system. The author is a trial surveillance courtyard judge, the concrete operator of this system, and deeply felt this system urgently need to be further consummated. Therefore, this article starts from the present legal rules and the related theories, unifies its present situation and the flaw in the trial practice, carries on earnest thinking and self-criticism on the supervision system of civil justice, and on this foundation proposes conceptions to reform and perfect this system.This article divides into four parts, the first part hoped to have an objective understanding on its historical development and the present legal rules (present situation) of this system through outlines the civil trial surveillance system,; The second part hoped to provide a beneficial model and help to further perfect the civil trial surveillance system through comparisons to the right foundation, the retrial matter stipulation as well as limits of opening retrial of the civil trial surveillance (retrial) system and so on with China and foreign countries; The third part carries on the analysis on present situation and the exposed questions (negative function) of the civil trial surveillance system in the trial practice, which are the key to reform and perfect this system,and hoped this will has a benefit for perfecting this system through excavating the roots of its many defects from the design, the guiding ideology and idea of trial surveillance system, , court management system and judge's quality and so on, The fourth part proposes that to reform and perfect this system is extremely essential through analyzing the existential rationality of the present trial surveillance system and the tendency which will still be unceasingly strengthened, proposes the conceptions to reform and perfect civil trial surveillance system on the bases of the practice,.