On The Reformation Of The Re-trial System In Chinese Civil Procedure

Justice is the highest goal in a fair judicial process. But in fact it Participation and control by the people with emotional and thinking and a variety of social roles and interests. So to some extent within the scope of errors is allowed. But the problem is the errors in what extent should be correct. And the reasons are if exceed certain limits the parties have the right and opportunity to express against. Relief set all sorts of legal procedures to minimize and correct this bias and errors. One of the most important is that the appeal procedures retrial procedures. Retrial procedure to correct the wrong decision, the parties to protect the legitimate rights and interests and safeguard the dignity of the law and the authority of the Court of important procedures, it is not only to determine the ruling re-trial matters to the special system, including retrial of proceedings and the trial proceedings to retry the case in two stages, have their own targets and the trial of a different procedure functions. Many countries and regions chapter of the Code of Civil Procedure are to be provided, such as Germany, Japan and other countries. China's Civil Procedural Law retrial procedure will be known as the "trial supervision procedures," also made special provisions. Chapter 16 of the Code of Civil Procedure "trial supervision procedures," and that, in accordance with provisions of the Trial Court against the right to supervise the retrial, the parties apply for retrial, and the procuratorates launched appeals to retry the case and the retrial, such as the content. Since then rough it is not appropriate to the legislative fine guiding ideology, the main launching retrial of the case it is not clear, fuzzy different limits the right of the main, causing understanding and implementation of the errors, difficult to protect the interests of the parties procedures. At the same time long-term plans because of the former Soviet Union Civil Procedure Law system and the impact of China's retrial procedures theoretical research is very weak, or even errors, many major theoretical issues that need clarification retrial system defects more urgently needed improving. Theory sector, the judiciary and all other domestic and foreign public opinion, the retrial procedures of China made a number of criticisms of China's hope that the retrial procedures can be amended as soon as possible and improve. Undermine the authority of the judiciary, and caused the unreasonable use of judicial resources and reduce the efficiency and effectiveness of the proceedings, therefore, should increase the intensity of the theoretical study of retrial, the retrial procedures for China's sound system to provide theoretical support.The ongoing judicial reform as a huge project, and inseparable from all aspects of trial work, with the constant deepening of reform, reform of the relatively backward retrial gradually exposed the deficiencies, the impact of the project process. Therefore, China's retrial procedures should be in the correct theory and philosophy under the guidance of a comprehensive amendment to re-build. This paper from China's civil retrial system starting with the historical development of China's existing civil retrial system, and through foreign civil retrial system comparison and reference of China's civil retrial system abuses and to the cause, finally put forward a new civil retrial system concept. This paper is divided into four parts:Part One: The legal system of civil Retrial Analysis. In order to fully understand China's civil retrial system first article of China's civil retrial system development and the establishment of a brief review. Secondly system of the civil retrial of the three functions, as a civil trial retrial system-level structure of the very major relief system error-correcting features, functions and supervision of relief and support functions. The final analysis the civil retrial system based on the concept and reality, as a civil retrial based on the concept of the system is primarily reflected the value of procedures for the selection. As a civil retrial based on the reality of the system, mainly reflected To meet the needs of judicial practice.Part two: The comparison and reference of foreign civil retrial system. As our country's main law by the following civil law, civil law countries of the Code of Civil Procedure require that a retrial system, this paper focuses on France, Germany, Japan, the retrial system. French civil retrial achieved in a very appeal of the German civil retrial through the elimination of the appeal and reinstated the lawsuit against the two ways to achieve the request Followed by the three countries of the civil retrial system, found some common ground worthy of our concern and to learn from. That is will be provided for a retrial v. norms; provide a clear and specific subject of the retrial; civil retrial system the parties have instituted strict limits retrial.Part three: The abuses and causes China's civil retrial system. China's civil retrial system in the real main course of the operation demonstrated the following drawbacks: the way in the retrial launch, state intervention color footprint, confusing the limits of public and private law, ignored the right of appeal, the parties dispose of principles and the principle of commencement retrial on the grounds, the more general subject of retrial, too retrial conditions, the lack of serviceable in the retrial of the case before the procedure, itself flawed. This was followed by China's civil retrial system problems, the cause of that mainly attributable to our history and tradition, Origin system and the "right wrongs by" guiding ideology.Part four: The reconstruction of China's civil retrial system. First launched in the retrial of the focus is on the way to the abolition of the court's decision to retry general civil matters, as well as procuratorates the right to lodge an appeal with the retrial, the parties filed at the same time improve the retrial of rights, establish a truly retrial of the appeal. Second, in remodeling the reasons for the retrial, mainly in the foreign-related provisions on the basis of reasonable, in view of procedures and the original verdict on the wrong entity, re-constructed from a set of rational reasons for the retrial, and the final number should retrial to the jurisdiction of retrial reasonable, in our country to strive to establish a scientific and rational system of civil retrial.