Comparative Research Of Civil Retrial System And The Reform Of Adjudication Supervision System In China

The civil retrial system is the final safeguard for people seeking for social justness and judicial justness. During the ongoing transition to the market economy, many social contradictions and conflicts of Interest appear in our life, which lead to the increasing of civil retrial cases. But our country's civil case retrial system could not adapt to the new situations, it causes to limitless retrial, limitless appeal and retrial confusion etc. It is imperative to reform and reconstruct the civil retrial system. This article analyzes in detail our current civil case retrial system, and does a great comparative research for this system at home and abroad. The author is trying to research and establish a new system which could fit closely to the situations of China and the modern judicial theory under market economy.5 chapters are included in this article:Chapter 1. A survey of the civil retrial system in China and abroad. This chapter is divided into 4 parts. The first introduces the concept and necessary of civil retrial system and its function, that is the basic function of retrial system. The secondly introduces the civil retrial procedure regulation of under continental law system with German,France,Taiwan and Japan. The third introduces the system of common law extends relief to the system with the regulation new trial of the United States. the last explains the characters of retrial systems under continental law system, analyzing the similarities and differences of two different law systems.Chapter 2. The limitations and problems of our current civil retrial system. This chapter is divided into two parts, Firstly, explains the procedures of adjudication supervision in China, analyzing the similarities and differences of adjudication supervision and retry. Secondly, states the problems in practice of civil retrial system in China.Chapter 3. The reforms of the current civil retrial system in guiding ideology. This chapter is divided into two parts, firstly, explains the guiding principle and limitation of current retrial system in China. Secondly, try to establish the guiding ideology under modern judicatory theory"correct mistakes by law".Chapter 4. the reform of current civil retrial system in guiding principle. This chapter explains the current guiding principles of civil retrial system in detail.Chapter 5. The reforms of the current retrial system in procedure. This chapter is divided into two parts, firstly, explains the new retrial terms under the revised"civil law"established in September 2007. Secondly, supplies some suggestions to reforms on some detailed system.