Improve The Concept Of Civil Retrial Procedure

The civil retrial procedure which is initiated, examined and tried in some condition is a final line of defense to remedy the legal rights and interests of a party judicially. As its special function in guaranteeing judicial justice and sticking up for legal rights and interests of a party, Many countries have established the retrial procedure and our country has also set up the same procedure as well. However, owing to deficiencies of our country's civil retrial legislative guiding principle, unreasonable factors in the concrete systems of the civil retrial procedure and so on, the legislative aim of the civil retrial procedure is realized fully yet. In order to exert functions of Chinese civil retrial procedure completely, it is necessary to perfect Chinese civil retrial procedure.Firstly, the legislative guiding principle of Chinese civil retrial procedure should be re-edited as the mistake final sentence corrected by law and the combination the mistake final sentence corrected by law with the resjudicata and the procedural benefit. Secondly, we should reform the initiated mechanism of Civil procedure as follows: to reform the qualification of the subject in initiating the civil retrial procedure; to perfect the cause of the civil retrial procedure; to set down the reasonable deadline in initiating the civil retrial procedure; to initiate the civil retrial procedure only once in principle; to establish the rule of the first upper court of final sentence accepting the case of final sentence. Thirdly, the pattern and concrete form of the checking procedure for Case-falling should be perfected. Finally, we must perfect the decision to accept a case of a final judgment with the rule of breaking off implement, the range and manner of the trial procedure, the principle of changing a final judgment and the system of returning a case to the original court for retrial. In addition, it is indispensable to harmonize the civil retrial procedure with the other relative systems.