Civil Action Re-trying System Research

The pursuit of justice is a fundamental value of all of the judicial system, civil retrial system is no exception. Now retrial procedure reform is faced with many problems:deep-rooted traditional concepts of complaint, the growing expansion of procuratorial authority, the increasingly strengthened congressional oversight and a relatively slow law review. It requires not only the practical efforts of the people's court, but also depends on the cooperation of procurator's office, the understanding of deputies to the NPC, appeals of scholars, the support of the people, and the final amendments to the legislation.The new Law of Civil Procedure, which was adopted by the Tenth National People's Congress on 2007-10-28, has revised the Procedure for Trial Supervision, which has provided legal support to address the people's pressing concerns---difficult complaints. However, this amendment to the Civil Procedure Law is not a full one to the trial supervision procedures, but has only made some complements from a microscopic point of view and defined some practice from a technical perspective. Not fully modified and coming out in a rush, the new law has not made thorough amendments to several significant problem such as the start of the retrial procedure, the parties' right of choice of civil procedures, applicable procedures of case of retrial, resulting in insufficiencies in judicial practice. Based on the study of civil retrial system, in view of the existing problems, this paper has developed the concept of improving the systems of civil jurisdiction on the basis of national conditions, while actively drawing on advanced foreign advanced legislation. Thus, civil retrial procedure can be improved based on foreign advanced rule of law in western countries. Hopefully, with the gradual penetration of judicial reform, retrial procedure reform is bound to open up a new prospect of reasonable and orderly retrial for the whole society。...