A Research On The Civil Retrial Procedure

The civil retrial procedure in our country refers to a special legal relief procedure. During such a procedure the People's Court tries a case, a ruling, or a mediation book which has had legal effect but still has some problems for the second time and gives a ruling according to the party's application or the appeal of the People's Procurator ate and the authority of the People's Court. Its aim is to correct the special relief procedure. And it plays an irreplaceable role in ensuring the right of action for the party, correcting the wrong case according to the law and establishing the authority of Justice. Many countries have set civil retrial procedures. So does China. However, due to the improper legislation guiding ideology and concrete institution, the civil retrial procedure in our country does not give full play to its role. Therefore, to change this reality, it is necessary to perfect this procedure.Based on the research achievements of theorists and the real sector, and from the regulations of our current civil retrial procedure, this thesis compares the regulations of the main countries of the civil law system. Through the analysis of the current civil retrial procedure in our country, it also points out the concrete problems existing in this system, and gives the designs and suggestions for perfecting this procedure. This thesis is divided into 6 parts:The first part is an introduction. In summarizes the flaws of our country's civil retrial procedure and the significance of redesigning this procedure.The second part is the general theory of the civil retrial procedure. Through dealing with the concept, features, and significance of our country's civil retrial procedure, it shows that unlike the first trial or the second trial, this procedure is an organic part of civil procedure. It is not an independent instance, but a relatively independent procedure outside the instance system. After the common relief means are used, it will correct and relieve those imperfect rulings. Therefore, it is a special relief way of guaranteeing the justice and effect of civil procedure, and plays the roles of remedy, supervision and protection. The civil trial procedure is of essential importance in ensuring the party's civil rights and entity rights, correcting the wrong cases according to law, protecting balance of the party's interest, and improving the professional quality the judges'and handling cases.In the third part, there is a comparison analysis of typical legal cases in civil procedure. Through the introduction and comparison of relevant regulations of the civil retrial system in countries of civil law system, it concludes that our regulations of civil retrial system are rather simple and the reasons and conditions are not clear enough as well. In addition to that, there are always different opinions on whether a particular case should be retrial or not, and troubles between the court and the party. At the same time, due to the emphasis on the trial oversight of statutory bodies, and neglect and disrespect of the party's civil rights and entity rights, it is hard to correct the wrong case. So it is significant to perfect scientific and proper civil retrial procedure of our country after learning from other countries.The fourth part gives an analysis of the history and reality of our country's civil retrial procedure, especially the latter. After examining the flaws of the guiding principles, main body of civil retrial procedure, the application of retrial by the third person outside the case, the reasons of, limited number and fee system of civil trial, it views that though the recently revised civil law changes a lot, there are still many problems in it. Especially in the environment of modern market economy, the pursuit of modern thought of justice and the pressure of civil main body being the chief power of civil group, there problems are more obvious.The fifth part is a design of our country's civil retrial procedure. Aiming at dealing with those problems, learning from the legal experience of countries in the civil law system and combining the practices of justice, it proposes a preliminary idea of perfecting our country's civil retrial procedure. That is we have to improve the guiding ideology of civil retrial procedure, change the past idea every mistake should be corrected into every mistake may be corrected, and objective truth into relative truth. To protect the party's civil right and powers, we should also give up the procedure that the court makes retrials according to its authority. There should also be restrictive provisions on the Procuratorate's retrial; it is only permitted within the civil cases concerning the country and society's interest. Giving more power to party's civil rights to ensure the dominant position. Regulate relative office workers'behavior to create a good outside justice environment. Giving a second thought on the original ruling is absolutely wrong to avoid the trend of subjective decision prior to trial. Increase the third person outside the case as the main body of retrial to ensure their legal rights. Give definite number of civil retrials to protect the ruling power of the court.The sixth part is a conclusion. It is an outlook on the future civil retrial procedure.All in all, the history of our country's civil retrial system is a magnificent picture of different voices, different powers and different motives. As the accumulation of all kinds of social contradictories, and the conflicts of interest in social transformation period, people's desires to appeal have become an important factor of social stability. No matter common people or governmental and judicial officers all call for the reform of the retrial system. Under such condition, this thesis does some beneficial exploration and attempts to make some effort to the improvement of the retrial system.