A Study On The System Of Retrial In China

The system of remand for retrial widely exists in most countries，however, there isinclination that we lay more emphasis on entity than on procedure in our country. Thematter includes the vague of the cause of remand for retrial，lack of supervision andrestraint mechanisms of the system, ignoring the right of procedure option of the client,overemphasizing judicial powers as the main part, abusing remand for retrial in judgefrom the second instance. Therefore, in order to realize the efficiency and justice of thejudicature, the author makes the improvement of the system of remand for retrial fromthe following aspects: definition of limitation and standard of the system of remand forretrial’s cause, respect the importance of client’s litigation status, definition of client’s procedure option, regulation of the juridical practice from the inner judicial authority.