Comments On Improving The System Of Civil Retrial

Civil Retrial is the last proceeding to achieve good judicial effects,which should not only meet the demand of correcting mistakes in valid judgements,but also be in facor of repair the civil judicial effects which has been damaged in first trials. China's current system of civil retrial has not played its due role,therefore the problems of being diffficult to retrial,overcharging complaints and chaotic retrial have been long--standing subject of criticism.Although the causes of these problems are complex,the lack of consideration of the judicial effects and biased unstanding of the civil judicial effects are the main influencing factors on the quality of legislation of civil retrial and the effects of running in these many influencing factors.Therefore,there is a need to re-examine the effect of China's current system of civil retrial in the perspective of ensuing and promoting good civil judicial effects with the pursuit of accessibility,acceptability and enforceability of civil justice as the starting point,then to bring forward advices to improve civil retrial sistem.Besides the Introduction and the Conclusion,the Paper is divided into three parts.Part One:the evolution of civil judicial sistem in our country.The chapter first analyzes the evolution of the system of civil retrial:the different understandings of the judicial effects and the different valuations on civil judicial effects of the first trial leads to changes in both domestic civil retrial sistem and international civil retrial system.And second the Part evaluates our current civil retrial sisitem and its operational effects:positive effects and negative effects.Part Two:Analysis of the relationship between civil retrial sistem and civil judicial effects.Civil retrial's bennifits on civil judicial effects:1.the Civil Retrial affects' benefits among judieials,parties and people in other jurisdictions relative directly and then bring about different judicial effects;2.Adjusting the basic benefits of civil retrial values.With the goal of optimizing the civil judicial effects,we should emphasize on considering benefits of clients and other relative members of the judiciary.When interests of the administration of justice are in conflict with it,the interest of relative justice(especially the parties)should be privileged;3,The basic demand of civil judicial effects on civil retrial sistem:accessibility,acceptability and enforceability.Parter Three:Advices on improving our civil retrial sistem.With the pursuit of good judicial effects as the starting,together with the newly amended part on civil retrial sistem in the civil procidure law of PRC and with the pursuit of accessibility, acceptability and anforceability of the civil retrial system design,the Paper analysised factors affecting the effect of retrial of civil justice system and gave some related advices to perfect the sistem.