Retrial Proceedings Research

The retrial procedure was refers to the litigant, the People's Procuratorate and the People's court to already has the legal effect deaision,rules or the mediation agreement,of law have taken place in the sentence, or a conciliation mistakes are found, according to the application, and decided to initiate the procedure applied for a retrial and how retrial. Retrial retrial procedures instituted procedures and retrial proceedings into two parts. At present, the retrial procedures reform is a hot topic, but on the issue of a retrial occurred mainly concentrated in the main, by the retrial so that the liquid is brought retrial at this stage of the process, and the retrial proceedings research is not very good. Therefore, this paper will mainly discuss the issue of reopening the proceedings.The paper is divided into three parts, the first part of Article 20 procedures, procedures and retrial proceedings in the second instance, a process that is not ordinarily come to hear the retrial proceedings and relief procedures after two characteristics. Then analysis of the existing system in the retrial proceedings major error analysis in the retrial hearing some of the problems that exist in the operation. The second part of the civil law and common law countries and retrial system, and the Enlightenment retrial system for comparison and analysis. The third part of the procedure for retrial on the perfect idea. The original case should stand retrial on the court of first instance jurisdiction of the magistrates court. The proceedings have started setting strict limits. Retrial jurisdiction of the reasons for the retrial should be limited to the concerned parties, and parties to dispose of the standard. Retrial revision shake reasonable definition of principles and standards, while limiting rehearing of the application implemented first Final retrial system.