The Rational Analysis About The Civil Retrial Procedure Of China

With the rapid development of our country's market economy, civil disputes increase day by day. As the major mechanism for solving civil dispute, the civil lawsuit procedure is playing a more and more important role for the harmony of the society. As the last defense line for preserving the judicial justice - the completeness of the civil retrial procedure is critical for whether the litigant can obtain their civil right relief and whether the judicial justice can be eventually realized. Due to the outdated idea and system flaws in the civil retrial procedure, our judicial credibility has been seriously challenged. Through the analysis of various problems in the civil retrial procedure, this article points out the problems existing in the idea and system design of the current civil retrial procedure in China, and put forward some proposals to its reform. This article is composed of five parts.The first part of this article is an overview of the civil retrial procedure. It first expounded on the meaning of civil retrial procedure and analyzed its characteristics. Then by definition of the retrial procedure, the trial monitor program, the appeal, the application retrial sues, it clarifies some fuzzy understandings in the civil retrial procedure.The second part of the article is The basic ideas and value selection of the Civil Retrial ProcedureFrom the actual point of view, the civil retrial procedure design is the junction of modern judicature concepts such as procedure safeguard, right relief, and authority restriction. This programming manifests the conflict, compromise, and balance between the different lawsuit values such as entity justice and the procedure justice, the fairness and efficiency, and the procedural stability and individual case justice.The third part is an evaluation of our country's present civil retrial procedure. It analyzes the delay in the civil retrial lawsuit from the pursuit of objective fact, entity fairness, society justice, and moral justice. It also analyzes the non-scientific nature of the current civil retrial procedure based on the "five infinite" of the starting mechanisms of the civil retrial procedure, and the flaw analysis of the civil retrial procedure.The fourth part is the civil retrial procedure for the construction of the litigant principle model. The civil retrial procedure reform should establish the finite retrial principle, based on the litigant's suing of retrial. It proposes concrete legislation conception based on the retrial main body, the object, the time, the matter, the number of times, the jurisdiction, and the retrial of a lawsuit.The fifth part is the matching reform of relevant system construction and idea cultivation. It elaborates on five aspects including the litigant' civil lawsuit model establishment, the completeness of the examination system, the jurisdiction independence atmosphere construction, the populace law consciousness cultivation, and the completeness of the procuratorial agency's supervision functions. Its ultimate goal is to provide a good system and conceptual atmosphere for the completeness and healthy practice of the civil retrial procedure.