The Study On Retrial Litigation

The civil retrial system is the final safeguard for people seeking for social justness and judicial justness,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.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.There is an introduction to the civil retrial system at the beginning of this thesis.From the concept of the civil retrial system,the author analyzes the similarities and differences of adjudication supervision and retry. Furthermore,this part summarizes the research achievement and the purposes of the research in our country.The next part of this thesis is the theory of the civil retail system.This part analyzes the civil retail system with related theories of civil procedure,which are procedural right theory, the purpose of the civil procedure,the value of civil procedure,the functions of civil procedure and the principle of "Res Judicata" in civil procedure.Through researching the relationship of retrial litigation and other related theories,the thesis makes a further research on the issue.The concept of civil retrial litigation is from abroad,so,it is necessary to have a comparative study between the civil retrial system in China and abroad. This part introduces the civil retrial procedure regulation of under continental law system with German,France,Taiwan and Japan.This part also 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.At the end of the thesis,there is the analysis of the special meanings of the civil retrial system in China. The author tries to discuss the limitations and problems of our current civil retrial system and have some thoughts about revised civil retrial procedure. Finally to make a blueprint to re-built up the civil retrial procedure in China.