On The Reform And Perfection Of Civil Retrial System In China

Civil Retrial System as a very relief program, the parties, the People’s Procuratorate, the People’s Court has taken legal effect of the judgment、 Determination or mediation agreement, discovered the error, according to the law to apply, filed and decided retrial and how retrial procedures applicable. Finally, a trial program to achieve the good effects of the civil justice should not only meet corrective effect referee error of demand should also help to repair the effects of the destruction of civil justice in the trial program.The amendment of the Civil Procedure Law of2007retrial institutional changes, have certain positive significance, but there are still some problems with the controversy. August31,2012, the Standing Committee of the National People’s Congress on Amending the decision of the People’s Republic of China Civil Procedure>"By the first comprehensive revision of the Civil Procedure Law, following part of the revised2007for trial supervision procedures and made a lot of amendments to adjust Retrial System in China will have a new impact, but "the complaint difficult" problems formation has deep-rooted historical and realistic background alone is a local modification of the law, rather than a comprehensive system transformation, still can not completely solve the problem, the the retrial system of reform and improve, there is still a long way to go.I try from the meaning of the Civil Retrial System, based on start, combined with the historical evolution of the Civil Retrial System in China and two law systems retrial system design,2007, the2012retrial system two adjustments, Analysis of the current status quo retrial system and the presence of Civil Retrial System predicament, in line with China’s efforts in philosophy and institutional explore the building, published an opinion on the reform of China’s civil retrial, perfect.In addition to the introduction and balances, the paper is divided into four chapters.Chapter Ⅰ:Civil Retrial System Overview. Expounded the basic concepts of the Civil Retrial System, features, and basis for, and the retrial system of feudal society in ancient China, the Chinese Civil Action three historical stages of the history of the Civil Retrial System Changes, summed up China’s Civil Retrial System Evolution law. Chapter Ⅱ:Two Legal Investigation and Analysis of Civil Retrial System. Legislative view of the law, civil law countries such as Germany, Japan and Britain, the United States and other common law countries, civil retrial system and a brief analysis of its characteristics.Chapter Ⅲ:Civil Retrial System in China’s current situation and existing problems. From2007, the Standing Committee of the National People’s Congress in2012to modify the Civil Retrial system two to start with analysis of the current situation of the Civil Retrial System in China, and pointed out the shortcomings.Chapter Ⅳ:the concept of reform and improve the retrial system. Two-pronged approach to try to reconstruct the existing Civil Retrial System from the concept of change and system updates.