A Study On The System Of Retrial Of Civil

As a civil appeal court ruling way, civil new trial have a major impact on the progress of the whole civil litigation. The existence of it has its independent value. Civil retrial system is beneficial to the interest of the parties case-hearing level, the rational allocation of the function of the subordinate courts, checks and balances the subordinate court of the exercise of power. However, laws do not end all rules, the provisions of the existing legislation applicable to the retrial still has many defects, in addition, "power standard" inertial thinking, easy to cause in the new trial for lack of litigation rights of the parties. In the face of such situation, through the reasonable reference to relevant experience, absorb reasonable way suitable to China’s judicial system, renew the idea of justice, break "power standard" judicial view, in the perspective of protecting the parties litigation rights, perfect the legislation, standard system and form a complete set of coordination mechanism three aspects to our country civil retrial system put forward rational idea.