On The Function Of The Second Trial Procedure Of Civil Litigation

The civil retrial on appeal is the procedure which is acted by the both parties who disobey the jurisdiction of trial court. Our country carries out the judicial system of secondary trial, so the procedure is also the final appeal .By the reason of this, the function of trial on appeal can carry out effectively or not will influent the fulfillment of purposes of civil procedure .So the appeal of civil proceedings is the very important in the civil procedure.Most of the countries whatever are belong to the common law system or civil law system carry out the judicial system of third trial. The civil retrials on appeal in these countries differ from the procedure of our countries'. Although there is the procedure for appeal in the history of our countries', the civil procedure doesn't depart from the criminal procedure and the civil retrial on appeal also has the different history in contract with other countries.The establishment of civil retrial on appeal has its intention. In the world, every country has its civil retrial on appeal. Our countries' civil retrial on appeal is also different from other countries'. But the function of civil retrial on appeal and the way to fulfill the function is almost same. By the reasons of there are many problems in our countries'judicial field, the function of the civil retrial on appeal inour countries don't fulfill the intention of civil procedure.This article wants to find a way to fulfill the function of civil retrial on appeal by studying the problems in our judicial field. In order to keep accord with the other countries and put forward the judicial reform, this article also give some suggestions to carry out the limited civil retrial on appeal in our countries.