Study On Civil Retrial Initiating Regulations Of China

In the 21-century, the function and regulations of civil procedure law are facing the huge challenge. The civil procedure law needs to reform and innovate urgently, to greet a new development stage with the attitude of gradually integrity, perfect and innovation. With the deepen of civil trial regulation, the perfect of civil retrial procedure already became to the inevitable question of the innovation of the judicial system. Therefore, the voices of perfect the civil retrial regulations are raising to an unprecedented height.To put forward the proposal of retrial enabling regulation which is fit for our country, based on the research of the enabling regulations of civil retrial procedure, compare with the regulations of civil retrial procedure in domestic and overseas, combine domestic reality situation and domestic resource. On the question of the defect in the limitless main part apply and the broad legal apply reasons of the civil retrial procedure, put forward the proposal of cancel the right of the court initiative retrial, and strict formulate the apply reasons of retrial procedure. The purpose is strengthen the power of the trial supervise and raise the level of the trial supervise, come of the legislation purpose of trial supervise.