On The Initiation Of Civil Retrial Procedure

Generally speaking, the court’s judgment of res judicata and finality, neither allowed the court to change or cancellation, also prohibits the parties to the dispute adjudication again. If the parties to the court effective referee kept dispute, the appeal and accusation, not only a waste of judicial resources, makes the country to resolve disputes through litigation system to fail, the referee to determine the relationship between rights and obligations will always be in a pending state, more is not conducive to the stability of social order. However, the effective judgment is inevitable errors, in order to justice and the rule of law society’s authority, but also to safeguard the legitimate rights and interests of the parties, civil law countries generally stipulated the retrial system. The civil retrial procedure of our country mainly has three kinds: one is the startup mode under the authority of a court decision to start the civil retrial procedure; the two is the procuratorial organs to start the retrial procedure through the protest; three is for the party to start the retrial procedure in accordance with the law. The people’s court in accordance with the procedure of supervision the initiative to start the retrial has many problems, such as the start of the standard is fuzzy, the public power intervention in the private domain, against the party’s appeal, in violation of the neutrality and so on. Prosecutors protest retrial have similar problems. On the court, the procuratorate to start the retrial time limit, times, and for the parties in the case of application there are many restrictions, even if there is the application of the parties, but also the need for review by the people’s courts or procuratorial organs and then decide whether to start the regeneration process. Therefore, China’s future civil retrial system reform should be the party applying for starting retrial procedure gradually perfect, the principle of protection of the right of litigants and the autonomy of the parties based on the gradual abolition, under the authority of a court to start the retrial procedure, retrial procuratorial protest limit.