Civil Retrial System Drawbacks Analysis And Reform

With the further reform on the way of the civil trial, standardizing the make of an appeal and retrial, establishing modern trial and supervision mechanism with Chinese characteristics, are on the agenda. The mechanism has already been regarded as an objective of the reform to the trial and supervision of the supreme people's court. Thus, the challenge to the conventional basis of retrial theory and the retrial model based on reexamine has been increasing. And so, many problems, such as, reforming and perfecting the civil retrial system, transforming the conventional retrial ideas, abolishing the unreasonable model of the present retrial system to realize the harmony with the reform on it, have already become the ones that need urgent research and resolution. In this paper, I generalized the traits of the present civil retrial system and the present civil retrial procedure by briefly looking back to the former and making a positioned analysis on the latter. Through comparing and drawing on the experience on the retrial system of important western countries that are ruled by law, I proposed that the values and functions of our nation's civil retrial procedure be thrown on a new light on. At the same time, I gave a relatively thorough analysis on the malpractices on the guiding ideology of the present retrial system, the starting subject of the retrial procedure, the main content of the retrial and so on. In response to the above malpractices, the mechanism of the retrial and making an appeal should be set up and the guiding ideology of the limited retrial should be established. In short, integrating with my personal judicial practices, I developed many specific measures that are corresponding legal suggestions on the reform and perfection of our national civil retrial system.