Reform Study Of Civil Retrail Procedure In China

Civil retrial system in China has been complained for a long time, there are complaints such as difficult to apply for a retrial, unlimited retry, not the end of Final Appeal and other abuses. In order to solve the above-mentioned problems and one of the major themes in "Code of Civil Procedure" revised in 2007 on is to improve the procedure for trial supervision.Modification of the Civil Procedure Law and the formulation of relevant judicial explanation have further effect on the protection of the rights of parties to apply for a retrial and solving the "apply for a retrial difficult" issues, etc. Although the system of civil retrial has more substantial changes, changes were not very completely. This paper attempts to analyze the basic theory of retrial procedure, and comparative analysis of foreign-related systems, processes for the retrial of Civil drawbacks and puts forward some concrete ideas of reform, in order to improve the completion of retrial procedure.Full text consists of the introduction, body and conclusion. The body is divided into four chapters:The first chapter is an overview of our civil retrial procedure. It introduces the concept of Civil Procedure, defines the concept of Civil Procedure by the compare towards trial supervision procedure concept, and analyzes the function of civil retrial Procedure.The second chapter is Comparative review of Civil Retrial Procedure. In this section, it studies foreign civil retrial procedure and procedures for administrative remedies against false effective judgment in British and American countries, analyzes their common contents and takes reference of Chinese Civil Retrial Procedure.Chapter Three is the Civil Retrial Procedure problems and their causes. Retrial procedure legislation and implementation problems, such as multi-starting body, retrial subject, etc. And it reveals that root causes of problems for retrial system is the unbalance of value choice, inaccurate functional position of retrial procedure, long-term " Weight entities, contempt proceedings " traditional the guiding principle of justice, and chaotic legal supervision system.Chapter Four is the value concept and detail idea of the civil retrial system reform. That is the relocation of value goal for our Civil Retail Procedure; canceling Court right of starting retrial procedure, protecting the party right of appeal, establishing party as the only subject except procuratorate protest——the establishment of the parties to the prosecutor's application for retrial by the Procuratorate for examination substantive proceedings to decide whether to enter the system, the payment of legal fees and so on.