On The Transformation Of China's Civil Procedure For Trial Supervision

Civil procedure for trail supervision, the so-called civil retrial procedure, is a special remedy which is designed for conducting a retrial when the court finds definite error in a legally effective judgments, written orders or civil conciliation documents. The procedure of trail supervision is a special remedy proceeding, which is aimed to correct errors. It plays an unparallel role in protecting the parties' litigious right and substantive right, correcting the misjudged cases, as well as building judicial authority. With the development of trail mode reform and the progress of litigious system, the concurrent civil procedure for trail supervision, which is built by planed economic foundation and idea of "seeking truth from facts, all wrongs must be correct", and the national authority has showed its internal shortcomings and external defects. It is coming to be a hot topic that how to rebuild the civil trail supervision system by the time of revising the China's civil procedure law. In order to discover and solve the problems arise, the essay begins with analyze the defects of the concurrent civil trail supervision procedure law, compare with the retrial procedure of German and Japan, combines with the countries' situation, and research the merit of its building foundation, and thus brings forward the ideal and suggestion of reforming China's retrial preceding system. The essay is consisting of introductory article, main body and conclusion. The main body is composed of four parts as follows:Part one: firstly brings out the conception and characteristic of civil procedure of trail supervision. Referring to it, introduce the concurrent situation of the supervision procedure and analyzes its character and defect.Part two: introduce the relevant laws in the foreign countries. By introduction and comparison, brings a beneficial material for China's reformation of the civil procedure of trail supervision.Part three: demonstrate the fundamental principal, which should be built by the legal theory.Part four: by analysis and conclusion, arises several foundations which should be built in the civil supervision trail, and construct the concrete substance of China's civilprocedure of trail supervision.