A Research On The Civil Retrial System Of China

Send back to retry dispute continuously in the current judicial fulfillment, for eliminate a solution to send back to retry theoretically of misty, practice up of confusion, in the current civil case in court lawmaking under the frame, this text makes use of the civil case in court basic theories and explore to send back to retry of proper sex theories foundation, in order to correct comprehension with apply to send back to retry system. In addition to foreword and conclusion, the full text is totally divided into four chapters:Chapter 1, sends back to retry of lawmaking and it applies a predicament. Introduce the rules that the our country current lawmaking and judicatory explain to review to send back to retry in the procedure to the second first, then investigated to send back to retry system existence method the logic not self-sufficient blemish, apply to send back the decisive factor for retrying in the legal reason outside, make the judicial fulfillment been sunk to the predicament of hard solution in.Chapter 2, sends back to retry of proper sex foundation discussion and analysis. This chapter from send back to retry is the procedure succour system this the essence attribute carries on an investigation and thinks the guarantee of procedure benefits that its proper of existence lies in to the party concerned, then passes to weigh justice and efficiency, and from the civil case in court theoretically, the rule of current judicial explanation up, the comparison method up carries on built-up analysis and investigation and finally gets a conclusion, the reviewing of guarantee the party concerned class benefits is exactly the place of function fixed position and proper that sends back to retry.Chapter 3, sends back to retry of theories clarification. Two system functions that analyzed to send back to retry, namely an is the demand that the maintenance reviews class system, instauration to review class order; Two is the demand that carries out procedure guarantee, the party concerned to be responsible for mechanism by one's own. This chapter still aims at to send back to retry to make a comment and response in the theories and the mistake area on the actual situation.Chapter 4, sends back to retry of actual situation research. The proper sex foundation that inquiry into how to wills send back to retry is carrying through judicatory to practice and analyzed to review a class benefits and it is solid to on business or the point of order send back the influence of the judicial actual situation for retrying, standpoint agree with to strictly send back, lay claim to make to the reviewing of the party concerned class benefits stricter of limit, betterly equilibrium justice relationship with efficiency.