The Research Of Civil Retrial Causes Legislation

Retrial on civil procedure owns a special status in the civil procedural law. Its trial objects are the civil judgments which have already come into force. The start of retrial on civil proceedings explicitly denies the effects of those legally effective judgments. However, on the other hand, the civil retrial provides another extraordinary remedy for parties. If the legislators have to rationalize the causes of the civil retrial, there're two points must be taken into consideration, one of which is to ensure the authority and stability of judicial decisions, and the other is to provide the parties with adequate legal remedies. On October the 28,2007, the Thirtieth Meeting of the Standing Committee of the Tenth National People's Congress adopted the Decision of the Standing Committee of the National People's Congress on the Revision of the Civil Procedure Law of the People's Republic of China. On December the 10, 2008, the 1453 Meeting of Judicial Committee of the Supreme People's Court adopted the interpretation by the Supreme People's Court on a number of issues about the application of the procedure for supervision upon adjudication in the Civil Procedure Law of the People's Republic of China, which has made a further explanation and specification for the related provisions of the Retrial on the civil proceedings.The most eye-catching point in the two relevant legislation and judicial interpretation is the refinement and interpretation for the retrial on civil procedure, especially the legislation of retrial causes on civil procedure. It will make a profound impact on the judicial practice of the retrial on civil procedure of China. At the same time, these legislative changes have also raised a number of related problems, heated academic discussions and debates. Therefore, in order to find out the existing problems and propose specific solutions, it is important to conduct a more in-depth investigation and analysis to the setting of retrial causes on civil procedure, which both legal theory and judicial practice could benefit from.Not including the conclusion, this article contains a total of seven parts: The first part is an introduction, describes the problems need to solve in writing, status and objectives of this research method. The second part gives a summary of the retrial and retrial causes on the civil procedure. It focuses on the status and values of the retrial causes in civil retrial procedure. In the third part, this paper uses comparative methodology, takes a review of extra-territorial legislation of retrial causes on civil procedure, including the United States of American, Germany, France and Japan. After that, this paper concludes the overall character of the extra-territorial legislation of retrial causes on civil procedure. In the forth part, this paper uses historical methodology in order to make a sort out and analysis the formation of China's guiding ideology of existing retrial causes on civil procedure legislation. According to the difference between the main participations, this paper analyzes and discusses the existing retrial causes on civil procedure legislation from the eyes of court, parties of the case and procuratorate. And gives an analysis and research on the rationality of the existing retrial causes on civil procedure legislation. The emphasis focal point of the sixth part is the evaluation and analysis of the defects and deficiencies of the legislation about retrial causes on civil procedure under the Amendment of Civil Procedure Law of the People's Republic of China in 2007 and the interpretation by the Supreme People's Court on a number of issues about the application of the procedure for supervision upon adjudication in the Civil Procedure Law of the People's Republic of China, and have made an in-depth summary about the formation of these defects and deficiencies. Based on the analysis and discussions in the sixth part, this paper proposed some related amendments and improvement measures.