China Civil Retrial In The Investigation System

Speaking about our country civil case's retrial to register for the record to investigate the system, law has not done the clear and definite provision to this, and in judicatory practice its name varies greatly. Someone calls it as the civil case petition to investigate the system. Someone calls it as the civil case's retrial to register for the record the system. And someone calls it as the petition to reply to check the system. Its meaning , I think, is that the peoples court deals with the litigants application of retrial to decide whether the retrial should be carried out. In my opinion, it is better to name it as the civil case's retrial to register for the recond to investigation the system.On how to proceed the civil case, as for the reviewing register for the record the reviewing, law has no clear statement rules for a long time, which makes investigate the process become a blank between the law directness and control. Hence, it produces a problem, that is the performance in registering for the record the disunity, investigating the confusion of the way, registering for the record the misty reviewing discussion of origin of matter, registering for the record in term of the reviewing without restrict deadtime and after registering for the reviewing of starting and discussing procedure to the destructiveness of the original judgement.In order to change the condition, I think, the investigation of the retrial of the civil case should be based on the following principles: correcting the errors according to law and setting up a investigating system centered on the cause of the retrial to ensure the litigation right ,the justice of the trial formula first and being effective, the avoidance of the judges related to the litigant in the investigation and ' the limiting time of the investigation.How to reestablish our country civil case's retrial to register for the record to investigate the system, I have to inquiry into our country civil case' retrial the subject first of all. The current code of civil procedures in our country allow three kinds of civil cases: the procedure retrial, the court decision to retrial, the procuratoratecounterapped to cause to retrial,the party apeal retrial. But the application of the party concerned discuss again does not have the complete meaning to procedural right, giving on the law even procedural right of the application of the party concerned retrial, which is obviously smaller court to start power and the procuratorial organ that discusses again the procedure to bring up the civil case. According to the job power the counterapped causes to retrial the procedure. In actuality, the party concerned swarm in Party and government offices, the National People's Congress, the procuratorial organ hope to make use of the civic rights to bring about retrial. This kind of condition does not change, thus studying our country so the civil case to register for the record to investigate the system has no substance meaning. Therefore, by comparing the current of our country starting the standpoints retrial's subject scholarship, designing afresh the case that our country civil case discuss again corpus start, the whole thought is to scope the procedure that the perfect court of the people starts to retrial according to the job power, to limit people procuratorate to bring up to retrial,the procedureand to give retrial the applicant tell to have the position of has the initiative for the time being.According to my opinion, we can do it from the following aspects: First, give the litigant procedural right and examine the legality of the retrial application. The court should start the retrial program if the case is fit for the formal demands of the retrial to avoid the misusing power of the court because the examining organization, form deadline and result of post-examining are regulatfd. Second, examine the cause of the litigant's application of the retrial. The Chinese and Foreign civil case in contrast discusses again the provision of the origin of matter, the writer breaches the litigation pro...