On The Gain And Loss Of The Revision Of The Procedure For Trial Supervision Of Civil Litigation

The procedure for trial supervision of civil litigation is an important portion of the procedure of civil litigation of China. It has its own characteristics because the objects of supervision are decisions and orders that have legal effect. On October 28,2007, the Decision on Revising "the Civil Procedure law of the People's Republic of China" by the Standing Committee of National People's Congress was adopted at the thirteenth meeting of the Standing Committee of the Tenth National People's Congress. On November 10,2008, the Judicial Interpretation of the Supreme People's Court on Several Issues Concerning the Application of "the Procedure for Trial Supervision of the Civil Procedure Law of the People's Republic of China" was adopted at the 1453 meeting of the Judicial Committee of the Supreme People's Court. This judicial interpretation meets the demand of all walks of the society for dealing with the difficulties in appealing or retrying. It is progressive because there are detailed provisions on the causes for starting the civil adjudicatory supervision procedure and the procedure for supervision. However, the revised provisions on the procedure for trial supervision of civil litigation are still very mechanical and the procedure for trial supervision itself is not well-organized, which results in the defects in practice that the party keeps appealing and the people's court keeps retrying. In this thesis, the author combines theory with practice, analyzes the gain and loss of the procedure for trial supervision of civil litigation in the revised Civil Procedure Law, and puts forward the guiding ideology, fundamental principles and methods of reform on reconstituting the procedure for trial supervision of civil litigation.