Research About The Process Of Civil Lawsuit Litigation Retrial

Civil lawsuit retrial system is one of the most important systems in one country's judicial system. What the structure and content are, and what the system is based on are very closely related to the basic concept of litigation and trial system.The civil lawsuit retrial system of our country is formed under the influence of the trial system of former Soviet Union and reformed by our own tradition and culture. Our system is led by the spirit of "everything is based on truth and every mistake must be corrected". It is initiated by correlative authority. It leads to the conflict between legislature and judicial agency, between prosecution supervising power and final verdict power, and between verdict petition power and verdict administrative power. The retrial system of China is hurting the supremacy and authority of whole judicial system seriously. This situation is shaking our confidence for the judicial system, and threatening the fairness in the judicial process. Therefore, it becomes one of the unstable elements that are hurting the healthy operation of our society and the normal economical growth. The article explains the basic concept and function of retrial system, and discusses the retrial process in continental law countries comparing to China so that we could be inspired by their advanced theory and experienced practice. The article also confirms the main achievements of revising Act of the retrial process and analyzes some issues in the Act. At last, the article sufficiently discusses how to improve the reformation of the retrial system.