Study On The Start-up Of Civil Retrial Procedure By The People's Court

The civil retrial system is a special procedure of error-correcting and relief .It has an important position in the civil procedure.Our country's Civil Retrial system provides the people court's selfsupervision, the people's procuratorate's legal supervision and the litigant's right raising retrial according to law.The recent ten-years'trial practice shows: the system has many defects, especially that the people's court as the main body of the start-up civil Retrial Procedure,is becoming increasingly questionable.The intrinsic value of the civil procedure lies in procedural justice and procedural benefit. The aim of the civil procedure is to guarantee the litigant's rights And the substantive justice and the procedural justice can be unified through litigation. Seeking solely the external value, seeking one-sidedly the substantive justice, ignoring the procedural justice are not the genuine judicial justice.This paper,outlines the defects of the people court's start-up the civil Retrial procedure and the necessity for cancelling the start main body from the value and the aim of civil procedure simultaneously, the viewpoint is put forward that restrict the people's procuratorate's legal supervision and Make the litigant's application for retrial procedure as main channel.