Rethinking And Advice On Modifications Of The Civil Retrail System Of Our Country

In order to correct wrong judgments, our country has set up the civil retrial system. This system had once played an important role in guaranteeing judicial impartiality and maintaining the uniformity of the national laws. With the development of Chinese market economy and continues deepening of judicial reform, the malpractice existing in this system itself is gradually becoming visible, and the'retrial difficult'problem become more and more serious. Therefore, the tenth NPC Standing Committee adopted < On the revised decision > in the thirtieth meeting, and made significant reform on civil retrial system. In this paper, the writer start at the modification civil retrials, sum up the progress of reformed contents, analyze leave-behind problems, and rethinking its'basic theory, then to table a proposal on second time rebuilding Chinese civil retrial system.This paper is divided into four parts. In part one the author describes the basic signification and history source of Chinese civil retrial system, concludes its'basic characteristics. In part two the author reviews the modifications of Chinese civil retrial system, summing-up the progress of the amendment. In part three the author compares Chinese civil retrial system with other country by the way of comparative analyze, concludes the shortage of the modification and disadvantages remain. In part four the author proposes to bring forward legislative advices about second time rebuilding Chinese civil retrial system, and suggests to absorb civil retrial complement principle, takes appeal to retrial as the start point,reasonable limit start-up parties and retrial reason range,and finally builds a new civil retail system more suitable for the actual need of social and economic develop of our country.