On The Civil Retrial System Of The Taiwan Straits

In recent years, critique from lawsuit theories and judicial solid services to legislation of mainland area retrial system has been unceasing and more and more reform plans have been proposed.Historical origin of Taiwan and the mainland area have the characteristic respectively , then their basic ideas and the system patterns are different. The Taiwan civil retrial system, has manifested the mainland legal system's characteristic which is the pattern of entity surveillance that emphasize safeguard private power, takes the meaning autonomy as the principle and pays great attention to litigant's civil right ; But the mainland area belongs to the pattern of entity surveillance that emphasize policy formation and the strongly authoritative ism precipitated in the law. It neglect judicative effectiveness and the main litigant goal is discovered the objective reality. Comparing the civil retrial system differences of Taiwan and mainland area under the different procedure environments, It will be known that the Taiwan area retrial matters are in detail and operational , which embraces the procedure and entity, but the mainland area jurisdiction is complex, the deadline is unclear. Through a series of comparisons research, we can seek the superiority of Taiwan civil action retrial system and explore the reform of civil retrial procedure road of the mainland area. At last, according to social and economic condition of our country these years ,It can be to developmental need of the union civil action theory, summarizes experience of the civil administration of justice, refers to the design of Taiwan civil retrial procedure, discusses the question of the civil retrial system of mainland area from the start idea pattern to consummating the concrete rules and regulations. The mainland area, must incline to the litigant principle in the idea and pay more attention to the importance of procedure aspect matters, may transform the retrial procedure's nature from the convention to the special relief; retrial matters have to be reorganize and the main body of retrial system needs to be limited in the system, include insisting litigant's main body status, canceling the court's start up retrial power, limiting procuratorial agency 's start up retrial power, otherwise the deadline waits for definitude .Under the social background that the lawsuit theories'and the judicial solid services'unceasingly appeal that the mainland area civil action retrial system needs to reform, analyzing the characteristic and the advantage of Taiwan area the retrial system has much positive sense to the mainland area reform.