Civil Retrial Procedure Subject System Of A Comparative Study

There are many problems in the presant retrial procedure of china. As a courier,! want to write doun my review to solve these problems.I first of all look back to the historical development of retrial procedure in the introduction of this thesis. Retrial procedure came up in the emperor special pardon system in the feudal society, blossomed in the form of canon law in the Middle Ages, ripened in the capitalistic social history. There was not formed retrial procedure in Old China and the emperor special pardon system until the Republic of China. Then I compare the concept, characteristic, subject, object, the conditions on which a case is brought to court for retrial and court procedure of retrial procedure in western countries with the popular trial supervision in China, distinguish their sameness and differences, declare that I will discuss and study the compare between china and foreign countries and the innova-tion orient of the retrial procedure institution subject system in the name of the more scientific retrial procedure. In next part, I introduce foreign retrial procedure civil institution subject system. First, I introduce it in the western capitalistic counties represented by the Continental law system and the Britain and American law system. The former one are illustrated by Germany, I-taly and Japan in which I introduce emphatically their regulations involved in the popular civil lawsuit code. Their subjects of institution system of retrial procedure are the litigants who have common interests among whom the third person has the right to apply for the retrial institution according to French civil procedural act. Second, I introduce the questions involved in it, such as, institution time, the competency of the court of law, examination procedure, institution condition and controlling measures, etc. The latter is exampled by American Federal civil lawsuit rules. Its regulations about the retrial procedure are very simple, but it is definite that only the litigant himself can apply for the retrial institu-tion. On the basis of these introductions, I conclude the theories involved in it, that is, in accordance with the proper economic basis, theory of the litigant's lawsuit right, punishing principle, the pursuit of the unity and parallelism of the justice of the entity and the stability of procedure in the classification of value and the litigantism adopted in the lawsuit model. Second, I introduce it in some ex - eastern European socialist countries represented by ex - Soviet Union ( Russia now ). Theirs are generally divided into two kinds : one is the examination supervisory procedure in which the institution subject is the court of law, prosecutors' office and officials; the other is the retrial procedure according to the new evidence. Its subjects are the litigants. Some countries regulate that prosecutors' office can also institute. Its institution of retrial rules involved according to new evidence is almost the same as that of the western countries. They include the institution time, cause, subject, object, the competency of court of law and examination procedure, etc. However, there are great difference between the institu-tion of trial examination procedure and the institution ofretrial procedure. Besides the different subjects men-tioned above, there are other differences, such as limita-tion without institution deadline in trial supervision pro-cedure, compare the institution causes principle, simpletrial procedure, formal trial usually, essential trial bylaw of court (not like institution retrial on the basis ofnew evidence ). The lawsuit theory in accordance withretrial institution subject system in the ex -- socia1istcountries is: what is appropriate is the power--central-ized publicly -- owned economy, the punishment to thelitigant's lawsuit should be limited by the objective trueprinciple, the final aim of the classification of value is toaim at the justice to the entity, the lawsllit model is thedoctrine of function and power...