A Study On The Examination Of Civil Service In Civil Retrial

Before the revision of the civil procedure law in2012, our country has introducedsome related to civil case retrial censorship laws, regulations and judicial interpretations.Concrete including the supreme people’s court has issued "about to accept the examination ofcivil application for retrial cases several opinions, the trial supervision and judicialinterpretation" two judicial interpretations, and in January2011held its first national workconference on civil retrial review, and issued "the first national civil retrial review meetingminutes. These rules, the some problems to be solved in civil retrial case made rules, push forthe work of civil retrial cases played an important role.In2012a new civil procedure law of civil retrial cases censorship and made a newrevision. Among them the limited conditions as prescribed in article199of the can apply tothe original court for a retrial system. Number or if one party or the parties of civil cases, bothsides can also apply to the people’s court which originally tried the case for retrial. Article200to apply for this condition also was amended again, the first is the original item5for the"evidence" for trial need changed to "main evidence of the need for trial", in accordance withthe limits for court not survey evidence and cause of retrial case scope; The second is tocancel the original error (7) under the jurisdiction of the retrial reason; The third is cancelled"violation of legal procedure may affect the correctness of the judgment or written order" aretrial reason. Article205the parties to apply for a retrial period was amended, modified fromthe original two years for six months. In addition to have a legal case, the parties may "sincehe knows or should know three months from the date of the proposed" switch to "since heknows or should know six months from the date of put forward", to facilitate the parties tocollect, provide evidence. These revisions, make part can apply to the people’s court whichoriginally tried the case for retrial case, civil retrial reason expression was more reasonable,and shorten the retrial application deadline for six months, these are the development of civilretrial cases censorship has great progress.Although the new revision of the civil procedure law in2012, makes further perfectingthe civil retrial case review system, but, in the field of civil retrial case review, still there aresome aspects not enough refining, interoperability is not strong. In addition, the new "civilprocedural law" promulgated in2012, few scholars make a special study so far. In xinmin vafter the law, therefore, according to xinmin v. method to conduct the thorough research to the problem of retrial case review, systematic combing, found the problem and put forwardtargeted legal advice, it is more important.