On The Perfection Of The Applicant 's Application For Retrial System

This article analyzes the concept and characteristics of parties request for retrial, discusses three classifications of retrial include retrial driven by courts and prosecutors which based on the right of trial supervision and retrial driven by the parties from their retrial right.This article also lists out the rules with a representative national civil relief system, combined with the differences between the two law systems. Considering the disadvantage of the current requesting retrial procedure, while experiencing the modification of the civil procedure law in2007and the coming version in2012, that’s really meaningful to fully understand how to re-construct our national civil retrial procedure, and what’s more, to propose better system to allow parties to easily request for a retrial procedure.Regarding about enhancements of parties to request for a retrial, from the broader view, how to protect and respect the right of parties, while avoid being challenge of the retrial system, from the micro standpoint, how to handle the request for a retrial, no matter what they are requesting, paper examination or hearing procedure, both sides debate or unilateral statement, or define and produce new evidence, or the court is according to evidences and so on, all these things need we put efforts on improving our civil retrial procedure.In this article, the author tries to proposal some ideas and enhancements to the current system, in order to make some contribution to our civil retrial procedure.