On The System Of Retrial Of Civil

The remanding re-trial system is the most important system in the procedure of civil lawsuit of our country, which plays role in protecting the legitimacy of procedure, protecting the profits of the level of trial, as well as maintaining the function value coming from the functional division of courts which are different levels of trial. According to the relative roles of the law of civil lawsuit of our country, the remanding re-trial system belongs to the way of supervision from the retrial court to the court of first instance, which reflects the implement of principle of the second instance as the final, whose value and meaning is not only supervise and urge the judge of the trial court to fulfill their duties, to verdict impartially, but also protect the parties to save their rights which are damaged because of the fact or the mistake of procedure in the first trial by appeal. The remanding re-trial system plays a very important role in safeguarding the justice of substantial, procedure and the procedural rights of parties. In the recent years, the amounts of cases being remanding re-trial in civil lawsuit in our country is increasing continuously, the law of civil lawsuit about remanding re-trial system is put into practice on January 1, 2013, which amends some roles on the remanding re-trial system, for example, it restricts the times of remanding re-trial owing to the mistake of procedure; in the year of 2015, the supreme people’s court introduced the explanation of applying the law of civil lawsuit of the people’s republic of china, which definite the definition of the basic fact, detail the situation of breaking the legal procedure seriously, perfect our country’s remanding re-trial system further, as well as whose reality meaning to the judicial practice is obvious. But, even though our country’s civil lawsuit field has already amended once and replenished many times to the remanding re-trial system, while there are still some questions in it, such as ignoring two parties rights of the choice of procedure, along with the deficiency of the supervisory and restrictive system, leading to the result of getting more chances for the abusing of remanding re-trial of the re-trial court. The paper starts with the perspective of the principle of the remanding re-trial system, explained the degree of application, definition, the legal effect and the functional value of the system, as well as analyze the advantages and disadvantages of the system mainly by clearing up the process of legislation of remanding re-trial system, suggesting that we should use the standards of remanding re-trial carefully, which is the basic fact is not clear, we should give the right of choosing procedure to parties, shorten the deadline of trial, explicit the force of constraint of the written verdict, as well as appeal to form the supervisory and restriction system quickly and so on, for expecting the realization of the efficiency and justice of judicial preferably.