Study Of Civil Retrial Procedure

The Civil Retrial Procedure is an important legislative procedure in the civil action. The purpose for setting this system is to ensure the correctness of the civil judgement. It has a close connection with the first and second instance and makes efforts to reach the aim of civil lawsuit with them. This article approaches the Civil Retrial Procedure from its status in procedure of action and its function. After analyzing and comparing the development of the retrial procedure both abroad and at home, the author propose his own idea in reconstruction of retrial procedure. The whole article is made up of 4 parts: Part one: the connetation of the Civil Retrial Procedure This part aims to clarify the significance of carrying out the Civil Retrial Procedure by exploring the denotation of the Civil Retrial Procodure and its relation with the first, second instance ,analyzing the regulations of the Civil Retrial Procodure in our law system and making comparison between westenu Chinese and foreign law system in this field. Part two:The legalization of Retrial ProcodureThis part aims to clarify the sifnification of legalizing the Civil Retrial Procodure and point out the problems expecting for improvement by analyzing the defects in current regulations on the Civil Retrial Procedure and discussing the connetation of the examining procedure for the reason of the Civil Retrial Procedure.Part three:In this part ,the author analyzes the defects in current regulations on the people who wants to propose and undertake the CivilRetrial and offers practical methods to improve the present situation.Part four:In order to deal with the defects in current Retrial Procedure, the author suggests restructing the Civil Retrial Procedure. Measures should be taken to renew the guiding idealogy of legislation, set limit on the number of recycling trials and retrials, give extra protection to people who proposes a retrial with the judicial supervision coming in second. As to the court,it should give a justified adjudication and leave the person who doesn't propose a retrial alone.