On Civil Retrial System

The civil retrial procedure is an independent and special procedure in the whole civil procedure system, which is special in setting up and implementing the procedure and the functions and goals of the procedure. Our country's trial supervision procedure is the product of the planned economy structures, limited in its system design and lack of theory research, which is not qualified with the requirements of the law under the socialist market-oriented economy. Therefore, it urgently needs to be overall revised and reconstructed. This thesis, beyond the related rules of the current law and on the basis of widely using other countries and areas' related theoretical achievements and mature legislation experiences as references, I conducted research in some major theoretical problems in the retrial procedure and brought up my own opinions on the problems of how to improve the reform. This thesis consists of three sections:The first section is the understanding of some basic problems in retrial procedure. In this section, I simply introduced the concept of retrial procedure and elaborated my own opinions on the regulations about the current "Civil Procedural Law" that the trial supervision procedure is not the same as the retrial procedure. In the comparison of the retrial procedure and the second trial procedure, the significance of the retrial procedure was embodied and the functions of the retrial procedure were reflected. The thesis manages to analyze the existing problem of the value of the current civil adjudicatory supervision procedur,stress out the method need to revaluate the civil adjudicatory supervision procedure and the choice of value concerning the reconstructure of the civil adjudicatory supervision procedure . The second section : our country's current situation of the civil adjudicatory supervision procedure and problems in it , introducing the history development of our country's civil supervision procedure ,the relevant regulation and various domestic theory on legislation . The introduction of the above fully founds the base for exploration.The third section : thesis is about how to bring up the idea about reconstructing our country's retrial procedure .(i) Who can initiate civil adjudication supervision This article examines the conditions and disadvantages of the three methods of initiating a retrial case. The writer's opinion is: The exercise of discretion by the courts to initiate supervisory procedure is against principle of economic litigation and also ruins the authoritativeness and balance of judicial power. Comparing procuratorate system with other countries, this writer concludes that allowing procuratorate to protest as one of the approaches to initiating a retrial case weakens the judicial independence of people's court. (ii) Causes of initiating a retrial caseThe writer offers following solutions: A. Change the substance investigation to the preliminary investigation when observing the application. B. Set a limit to causes of initiating a retrial case in the law.C. To avoid the defects existing in the current law, judegs should make the causes of action clearer in their retrial orders. (iii) Limitation on initiating a civil retrial caseThe writer puts forward following reform designs: A. Reduce the period of an application for and initiating a retrial . B. Limit to the times of application for and initiating a retrial. C. Restrict the court levels for retrial. (ⅳ)Execution of the retrial procedure . The writer gives some suggestion on the application for a retrial and acception procedure.