Civil Retrial Evidence System In Practice

The System of Evidence on Civil Retrial is the floorboard for adjusting civil retrial law relationship, indicating such rules and priciples of according to evidence to prove truth of cases or other correlative. Because neither of our system of civil retrial nor that of evidence is complete, the system of evidence on civil retrial, as common embranchment of those two, is still far from well formed. Details show that our system of evidence on civil retrial lacks of full and workable system design, and several problems occur in our civil procedure code due to lack of accordingly regulations. Those directly lead to the fact that when judges handle cases, they can only deal by experiences rather than by laws, and then cases are hard to show justice. For this situation, in my paper' s introduction part, I thought as law workers, we shouldn' t only wait the revise of our civil procedure code, but also combine law research with reality to solve actual cases. After clearing about that target, at first I analyse the status and effects of the system of civil retrial and the system of evidence in the civil procedure system, trying to find out the limitations of the system of civil retrial. On the basis of it, I clarify that compared with the evidences in first and second trial procedure, those in retrial procedure have complicate, blur and limitation character. And then I emphasize that people should strengthen theory research on the basis of practice. Second, from the practice view, I have made deeply analysis on the problems with long-argued and different opinions, such as the cognizance of "new evidence" , the standards of retrials and those of retrials changing original sentences, the cognizance of pre-determined reality,and the correlative events of the retrial procedure. And I emphasize of the direction meaning in strengthen the research of evidence theory in retrial activities. Third,with the conclusions and sublimation to the former analysis, I index that if you want to set up the system of evidence on retrial, you should be on the basis of existing law criterions, develop step by step and form relative rules of retrial evidence, such as normal rules, adducing rules, enquiring rules and authenticating rules, and show normal direction meanings from the principles of civil procedure to the system of evidence on civil retrial. Last but not least, as studying the system of evidence on retrial is a kind of hard work, we still face big problems in our now existing law systems. We should conquer all difficulties and try hard to achieve theory and practice fruits. We believe that we could finally change the awkward position of the system of civil retrial in our system of civil procedure.