On The Retrial Litigation

The article is divided into four chapters. Inthe first chapter, the writer proposed why people will chose the petition concerning judicature rather than come into the countand sue for their rights. The petition concerning judicature is tend to be the first choice of some minority groups. Under this background, first, we will talk about the concept of the petition concerning judicature in the foundation of discriminating with other similar concepts, and we will definite it as this:the litigant wrote letters or in other forms to the court, the procuratorate, and other institutions about the cases that already had the legal effect to defend their legitimate rights and interests. Second, we will propose the characteristic of the petition concerning judicature, that is the quantity is rising, collective petition concerning judicature and jump rank petition concerning judicature become serious. Third, proposed the petition concerning judicature's social impact that the forfeit of the legal authority, the flaw of the legal value. and the waste of the lawsuit resources. At last,we will talk about the reason behind the petition concerning judicature.The second chapter will talk about the petition concerning judicature'solving system outside the procedure, which is based on the practical acting method of some count, summarizesome successful experience. And we will analyze the advantages and disadvantages of these acting methods. Under the petition concerning judicature' solving system outside the procedure, although we can release the pressure temporarily, but it can not effect a permanent effection. In order to solve the problem fundamentally, we must promote the judicial reform, straighten the judicial system, guarantee the jurisdiction independence, perfect the legal procedure. We must set up the idea of final effection of the judicial result, and the belief of the law, come ture the judicial justice, and the efficiency of the judicature, reduce the quality of the petition concerning judicature and become the petition concerning judicature never to be a question any more.The third chapter proposed the petition concerning judicature'solving system inside the procedure.Through the reconstruction of the retrial litigation to solve the problem of the petition concerning judicature have achieved the mutual recognition in the academic circle. Under this background, first, we will talk about the basic category of the retrial litigation, including the concept of the petition concerning judicature, it is a kind of procedure that is when the litigant discovered that the result has some defect after the result come into effect, they can ask for abolish or retrial the case. At the same time we will introduce the petition concerning Judicature's historical development, lawsuit sign and so on. Second, we will talk about the value of the retrial litigation for the petition concerning judicature. Third we will point out the improvement and flaw about the retrial litigation in the new "Civil procedure law", although it has make some improvement about the level and cause of the retrial litigation but is also has some flaws about the details about the propose and examine procedure.Finally, we will analyze the design of the retrial litigation from the angle of the people and deadline of proposing the retrial litigation.Finally proposed the conformity of the petition concerning Judicature'solving system outside and outside the procedure. This article mainly based on the practical acting method that under the background of the new "Civil procedure law" through the reconstruction of the retrial litigation to comb the solving system of the petition concerning judicature. Obtains an overall method and a concrete suggestion that will have something to do with the petition concerning Judicature.and I do really expect this problem will vanish gradually in the process of our country's law society construction...