To Review The Reforming Of Retrial Procedure

The purpose of the essay is to analysis the existing disadvantages of the civil retrial procedure basing on the view of disposal.Firstly, to distinguish the concepts of the trial supervision procedure and retrial procedure, in order to clarify the unclear vision, and point out the difference of two concepts which is that the trigger of retrial of trial supervision procedure based on the power of juristic supervision, whereas the retrial of retrial procedure based on the concerned parties' litigation right. The previous one is leading by interfere by nation, while the later one is exhibiting the disposal rights of concerned parties. Meanwhile, in the essay, the current law-making status about retrial procedure will be discussed to search the history development of the civil retrial system. Through the thorough analyzing, the conclusion is showing that, under the model of legislation by authorization, the trial supervision procedure is with a character of supervising, and under the co-existence of multiple trigger system, the basis of civil retrial procedure is short and thus the consequence is that the right of applying retrial by the concerned parties can't be guaranteed into action.Secondly, by analyzing the multiple triggering bodies, to indicate thoroughly the contradiction and conflict between the multiple triggering bodies and the disposal principle in the current civil retrial procedure. The fact is that, the court can positively make trial again due to its authorization, and the prosecution court can either trigger the retrial procedure by arising protest under the legislation rules, but the application of retrial by the concerned parties can't trigger the retrial procedure. The fact will bring out the expansion of trial supervision power and law supervision power, and will go against the civil right and suit right of the concerned parties. Furthermore, to think about the civil retrial procedure and show the defect of the current civil retrial theory: i, the procedure is totally opposite with the character of civil lawsuit and the principle; ii, the designed procedure is not matched with the civil lawsuit system. Because of the above defects, one case could be influenced by different bodies by various ways without any limitation. So that the current situation is that, the source of justice is under wasting, the authority of justice is damaged, the pestered cases are more and more and the burden of the concerned bodies is heavy. All of these is so called the defect of limitlessness of retrial procedure.Thirdly, to refer to the good practice by introducing the regulation of civil retrial procedure of France, Germany, and Japan. The common characters of the three countries are: i, retrial procedure is a kind of remedy procedure; ii, retrial procedure is a regulated lawsuit; iii, retrial procedure is a limited trial.Some Thoughts About Revised Civil Retrial Procedure Finally to make a blueprint to re-built up the civil retrial procedure. I propose that to relocate the position of civil retrial procedure, and built up a retrial procedure centralized on the private right of the concerned parties which is based on the lawsuit right of the concerned parties instead of the current one, that is centralized on supervision on jurisdiction procedure which is based on the justice supervision power. And build up the civil retrial procedure under the principles of limited and lawsuit. Furthermore, to construct the detailed trial processes from three respects of triggering procedure, examining procedure and trial procedure.