Retrial Procedure For The New Civil Procedure Law Thoughts

In recent years, China' s civil retrial process of reform has been a theoretical and practical research sector of the hot spots. Retrial on civil procedure on the article can be found everywhere, scholars and legal practitioners matter of opinion, from a different perspective on China' s reform of the retrial process their views on the reform of China' s retrial procedures have been very high voice.Finally, in the October 28, 2007, the 10th National People' s Congress Standing Committee meeting on the 30th, through the National People' s Congress Standing Committee on the amendments to the "PRC Civil Procedure Law, " the decision, since April 1, 2008 Will go into effect. This amendment mainly in judicial practice has long been criticized for being "difficult complaints" and "difficult to implement" the two major drawbacks, in part, and carry out appropriate amendments. From the civil law to amend the results, this part of the retrial has absorbed in recent years to amend the academic achievements in theoretical circles, particularly the reference to the extraterritorial civil advanced the civil retrial system, combined with China' s specific national conditions, legal Than the old provisions of the provisions of a more rational, more operational, contains a more advanced legislation guiding ideology, to amend its results should be affirmed. However, because this did not comprehensive, systematic changes, still left a lot of flaws and loopholes in the legislation, leave it to fully revise the Civil Procedure Law of the future, be perfect. This article is for a new Civil Procedure Law of the retrial of the changes, selectively focus on several issues were discussed, analyzed the new Civil Procedure Law in this part of several changes the meaning of the new requirements and the possible implications of what local needs Improvement.This paper is divided into four chapters, the first chapter to China' s retrial outlined in the legislation, including the previous retrial of legislation, meaning the second chapter on the subject retrial of the new Civil Procedure Law and expand the scope of the effect of, first of all on the subject of new retrial Content, meaning and deficiencies were discussed, and then the subject of a retrial increased the impact of res judicator, and then a retrial on the subject of increasing China's two-trial system of the impact of the CFA and the three Western countries in the comparison trial on the basis of the CFA system proposed China has established three trial of the initial concept of Final Appeal. Chapter 3 is about to retry the jurisdiction of the changes and respond. The author of the first parties to apply for retrial under the jurisdiction of and changes in meaning, and then introduced by the parties triggered by the court for retrial under the jurisdiction of change, and the court of China' s four distribution of functions, the final proposed change the jurisdiction of the Court of First Instance to deal with standards Measures. Chapter IV was launched retrial on a wide range of the main exposition of China' s main retrial launched a wide range of shortcomings and the Comparative Study of the main civil law countries launched retrial on the basis of retrial launched by the main partise is linited to the legislative proposals.