Build Civil Retrial Suits

Things are complex in the world. Litigations in courts, in spite of their pursuit of justice, the validated judgments of which cannot avoid errors, which is out of question, and of no exception, at all times and all over the world. Therefore, judicial remedy procedures are established in the law systems of many countries in the world, so as to promptly redress the errors in the validated judgments. The establishment of judicial remedy procedure is of necessity no matter in theory or in practice: procedure protection is the theoretical premise of the existence of judicial remedy procedure, and rights remedy is the realistic requirement of the set up of judicial remedy procedure, which makes for appeasing the complaint of parties and subsiding the conflicts of the society, besides. The adjudication supervision procedure set out in the Code of Civil Law of PRC is one kind of judicial remedy procedures, which materially adopted the experiences of the former Soviet Union, and played an active role in the civil actions of our country. But with the development of the country, more and more defects of the procedure were shown, and it received severe criticisms from the legal workers, both in theory and in practice. Retrial systems are commonly established in continental law system as judicial remedy procedures, whose occurrences are on the basis of the retrial appeal instituted by the parties. Does the adjudication supervision procedure of our country belong to the retrial systems of continental law system? The answer to the question is: no, adjudication supervision procedure cannot equate to retrial system, since the former is one part of the latter. That is, the adjudication supervision procedure is the prelude procedure to start retrial system. Retrial system has 2 basic features, that is, being uncommon and providing remedy nunc pro tune, therefore, the start and process of retrial system are subject to strict regulations.To further explain the characteristic of retrial system, the author will, in the first part of the article, compare the civil retrial systems of the countries and regions that adopt continental law system with the civil adjudication supervision procedure of our country to educe the obvious characteristics of the civil retrial systems of these countries and regions: specific nature of the subject to start retrial, the legality of retrial grounds, the limit of retrial time, the simplicity of retrial jurisdiction, the definition of retrial application, the limit in retrial effect and the limited times of retrial. These obvious characteristics fully verify the 2 basic features of civil retrial system. Contrarily, few restrictions are imposed upon the start and process of the civil adjudication supervision procedure of China, and in some cases, there are no restrictions, which is in contravention of the basic requirements of the judicial remedy procedure and caused many problems in the practices of trial. It is, therefore, necessary to rebuild the civil adjudication supervision procedure of our country and establish retrial litigation system, so as to reframe the civil judicial remedy procedure of our country.As a judicial remedy procedure for redressing judgment errors, retrial system should on the one hand redress the errors in time and maintain the definition and authority of judgments and the stability of civil rights on the other hand. Four key elements should be ensured in the reconstruction of the civil retrial system of our country: Giving attention toboth error redressing and stability maintenance, emphasizing on both substantial and procedural issue, maintaining the authority of justice and respecting the jus dispodendi of the parties. The author proposes the detail solutions of the civil retrial system of our country: First, adopt the guiding ideology of legislation for the civil retrial system as "redressing errors with assurance of truth and in accordance with the law". Second, strictly regulate the terms and extents of the retrial launched by people's court and procuratorate, so as to...