On The Start Of The Civil Retrial Procedure Subject Matter

Retrial cause is the key to start the retrial proceeding. Because the retrial starting causes in our current civil procedural law are too general and fundamental, it is disadvantageous to protect the lawful right and interest of the parties and maintain the stability and authority of the effective judgments by the courts. So it is necessary to reconsider and redefine the retrial starting causes. Although many domestic experts have made comparative comprehensive and in-depth studies on the civil retrial causes, it is still insufficient in the situation if the new evidences are the causes to start the retrial proceeding. The existing studies, which mention the issue only by way of parenthesis after discussing the reform of the civil retrial proceeding, are fragmentary and lack in special and systemic studies.Starting with analyzing the problems and disadvantages in the guiding ideology, legislative provisions, theory and practice of our civil retrial proceeding by using the methods of integrating theory with practice, economic analysis, jurisprudential analysis and etc., this paper reviews the retrial causes and corresponding systems in overseas civil procedural laws, analyzes in depth the rational definition of the new evidence jurisprudentially, combines judicial practice and represents many mending plans on the legislative provisions, system establishment and optimization, and reform goals of new evidence as cause to start the retrial proceeding in our civil procedure.