Rebuilding Of The Civil Retrial Procedure In China

The civil retrial procedure which is initiated, examined and tried in some condition is to cancel the final and binding judgment and to retry the ended case. As a final line of defense to remedy the legal rights and interests of a party judicially, it is vital in guaranteeing judicial justice and sticking up for legal rights and interests of the party. However, there are great controversies in both academic and practical caircles on the current civil retrial procedure. After comparing the procedure at home and abroad, and doing research on the Chinese procedure, this paper points out the defects in and put forward a suggestion on rebuilding of the civil retrial procedure in China."To seek truth from facts, and to rectify whatever is wrong" has been the guiding principle of our country' s civil retrial procedure. However, the application of the existing retrial system has resulted in the incertitude of adjudged force. In order to protect the legitimate rights of the party, the civil retrial should be rebuilt. First, the legislative basis of the procedure should be re-established in light of the combination of the fairness of the entity, and the procedure, and the procedural benefit. Second, the name of the civil judicatory procedure itself should be re-edited. Third, the procedure initiated by the court on its own should be abolished. Fourth, The procedure initiated by the procuratorate should be defined. Fifth, The party-appealing retrial system should be changed.