On The Reasons Of Retrial Of Civil Substance

Civil retrial cause must be exist when the civil retrial procedure need to start, which determines the civil retrial cause has a very special important position in the civil action. Civil retrial cause can help parties to start the retrial procedure and also help courts to maintain stability and authority of the effective judgments. Once the case goes to civil retrial procedure, it probably overturns the former effective judgment, shake the judgment’s credibility, and damage the judicial authority and the parties confirmed interests. Therefore, it is always an academic direction to set up reasonable civil retrial cause. In addition, the reasonable design also can maintain the judgment’s authority and the parties confirmed interests. Among the whole civil retrial cause, there is a lot of analysis factual causes, the fact is the basis of the case and the basis of the court, if the case materials in the process of the fact that evidence or information on the major defects, the impartiality of the judgment would rock, civil rights and interests of one party will severely damaged. Fact involves collecting evidence, testifying, providing expert judges to judge the evidence power of complex problems. Therefore the original courts always make errors in litigation. Those errors also turn to be the reasons for civil retrial, we need to pay more attention to the design of civil retrial cause. Therefore analyzing retrial cause and point out some insufficiencies, then combining foreign experience and our country’s judicial practice to put forward some perfect suggestion maybe a meaningful practice.The whole thesis has three parts except for the introduction and the conclusion: The first part is the theoretical analysis of civil retrial cause and factual retrial cause, including the concept, fragment, and function in the position in litigation, and substantive characteristics and types of factual retrial cause. The second part is the research of comparative law, in view of the factual retrial cause of civil law countries and regions and analyzing and comparing those rules, they restricted civil substantive retrial reason of legislative idea and method to refine the provisions are worthy of studying for us. The third part is the focus of the thesis, through sampling survey of China’s civil substantive retrial cause, typed analysis respectively on the new evidence, the lack of evidence, evidence fake reason and discusses the error reason of legal application, and to realize substantive retrial reason is still the deficiencies and defects, then combining the analysis and research, put forward some advice to remedy defects and the insufficiency.