The Study Of Vetting Procedure Of The Case-filing Of The Civil Retrial

The vetting procedure of the case-filing of the civil retrial means that the people's court censored the application of the civil retrial, according to Civil Procedural Law and decided whether the retrial should be carried out. Recently, with the development of the system for trial supervision and the reform of trial mode, as well as the introduction of the separating reception from retrial, problems in the vetting procedure of the case-filing of the civil retrial gradually expose to the public. Especially, with the pass and implementation of Amendment of Civil Procedural Law, the procedure received more attention from the public.The Amendment ruled this procedure largely, but there were still many problems, which especially in the following aspects. The subject of initiating the procedure of the civil retrial is diversification, and the patterns of the examination aren't unified, and the procedure of the examination isn't standard. There were a lot of reasons which lead to these drawbacks. The main reasons were the principle of 'to seek truth from facts, to rectify whenever is mistakes', the influence by the mode of the state authority, the deficiency of the judicial independence and the legal vacancy. These drawbacks leaded to the vetting procedure of the case-filing of the civil retrial in a state of disorder, random and anomie, so the litigants' lawful rights are severely damaged as well as the justice. Therefore, the construction and perfecting of the procedure was not only the need of solving its problems, but also the need of the justice.In this thesis, adopting the theory associated with reality and the method of the comparative research, and analyzing the achievements and experience form our theoretical and practical circles, the author put forward a series of concreted thoughts on constructing the vetting procedure of the case-filing of the civil retrial meanwhile the author made the reference to the relevant abroad regulations and theories and based on the court practical experience for more than three months.At first, we should establish the basic principles as follows, that is, the principle of lawful reality and rectify mistakes according to law, the limited principle, the open principle, the principle of accepting any case of litigating and the principle of separation of the complaint-handling work and the appeal. Secondly, the subject of initiating the procedure of the civil retrial should be reconstructed, because the different subjects would lead to different methods of examination. The author thought that the court's initiating qualification should be canceled, the rights of the procuratorate for the protesting should be remained and standardized and that the status of the litigants' should be strengthened. Thirdly, the reception and examination of appeal should be standardized. Especially the stage of the examination, it was the essential linking of perfecting the procedure of the registered examination of the civil retrial. For this aspect, the author designed the alteration ways from the content, the mode, the organization, the method and range of the examination. Besides, the author explored the system of the pre-charge for the case-filing examination of the civil retrial. Through formulating the above measures, the author hoped to establish the scientific, reasonable and operable procedure of the civil retrial to make the procedure protect the validity of the right judgments and the lawful rights of the litigants.