Research On The System Of Civil Remand

As an important component of civil procedure, system of remand plays the function of supervising and controlling the court trial, safeguarding the trial-level system interests of the parties, maintaining constant value. It is also a negative litigation system, having retroaction on fast-solving the controversy and stabilizing the social relations, and over-remanding is an unnecessary waste of social resources, so it is an inherent contradiction in whole legal system, since born it has been confronted with the maintenance of procedural fairness and thereby entities ,avoiding increasing the costs of litigation and extending the cycle of conflict.Chinese Civil remanding system has been running for several decades, it plays an important role in correcting the inferior court's wrong verdict, fairly safeguarding the parties' interests on procedure. However, over the past 10 years, because of the influences from legislation itself and the surrounding environment, it presented large amounts of rescinding the original judgments accompanied with high rescinding rate, abuse of power, even worse, affecting the performance of the entire civil lawsuit system. Therefore, it is urgently needed to reform and perfect.In the first part of this paper, it elucidated the current situation and pointed out the problems of Chinese civil remanding system, revealed the causes of the frequent occurrence and the underlying defects. Part II inspected the civil remanding system's legislative status of the other major countries, and the regular practice base on judicial level: researching its values and orientation, summering up the beneficial practices abroad, and to provide references and benchmarking for Chinese legal reform. The last part discussed the prerequisite and basis for its virtuous operation,and the guiding principles should be followed. And then gave proposals to perfect the system and establish the control mechanisms.