On The Construction Of China's Civil Retrial

Civil retrial system that is an important component of civil lawsuit is a special almsgiving procedure. It joins together with first and second instance procedure to promote realization of target of civil lawsuit. The purpose of setting retrial system is to ensure validity of civil judgement. As imbuing with authoritarianism of the civil retrial system that is carried out in our country, it is restricted that the right of retrial applied by party. For this case, the modality of application of retrial is too width to effectively protect. Along with development of economy, and getting deep of judicature reform, as well as continuous intensification of modern judicature conception, judicial impartiality and judicial benefit are widely accepted by the society. The shortage of the active civil retrial program increasingly appeared. The reform of civil retrial system has to be done. The most urgent of reform of retrial lawsuit system are to strengthen the protection of retrial procedure, and set up retrial system that takes party as kernel and takes retrial lawsuit right as basis.By starting from relative conception of retrial procedure, the first part of the article introduces and compares retrial procedure, judgement surveillance procedure and retrial lawsuit. By elucidating civil procedural law changing into applying retrial, democracy right stipulated on constitution transforming into lawsuit right at present in our country, it shows the progress on legislation. But it is still not a standardization lawsuit because it is not clear that stipulated by the procedure of applying retrial. It is quite different from real retrial lawsuit. The right of retrial of party can not be effectively protected. Then starting from the present situation of civil retrial system in our country, it introspects and analyzes the problems of guiding ideology of present civil retrial system where it emphasizes state superintendence and neglects lawsuit right of party on setting of retrial starting, the stipulation of retrial reason is too wide and abstract to operate, as well as administration of retrial is not clear, retrial is not limited by term and times and so on. Because of the problems mentioned above, people's expectations and belief on law are whittled and justice authority is gravely affected.Advise from others may help somebody overcome his shortcomings. The second part analyzes and compares oversea civil retrial system, especially in the continental lay system countries. It summarizes successful experiences and method in civil retrial and subject, reason, term, as well as administration quomodo and inquisition method of civil retrial and obtains useful reference to edify our idea, widen our eyeshot, consequently to effectively help us rebuilding ourcivil retrial system.It is necessary to base on actual requirements in the country in building any law system. It shall be carried out in accordance with situation of society economy, people's understanding of thinking and acceptance. The third part emphatically analyzes the necessary to build retrial lawsuit, states lawsuit is the most equitable and effective almsgiving method. For this reason, it is very important that reasonable almsgiving procedure is set up. Retrial lawsuit that based on lawsuit principle, is a whole set of lawsuit procedure to hear retrial requisition about the efficient judgement applied by party and to make judgement. It is the immanence requirements of civil lawsuit to build retrial lawsuit in our country. It is also the external necessary of our society economic development. Meanwhile, it is also the inevitable choice for reforming our civil retrial system.Rebuilding our country's retrial system, which based on the right of retrial lawsuit replacing the right of judgement surveillance, is a system rebuilding which is quite different from the present judgement surveillance procedure. It is requires a complete set of procedural regulation related with right of retrial lawsuit for building retrial lawsuit to ensure proper operation of retrial lawsuit. In additional, concerning system building, it requires renew conception first. Starting from building guidance idea and principle of civil retrial lawsuit, as well as determination of suited people party, stipulation of retrial object, retrial administration, retrial term, legal reason of retrial and hearing of retrial, the forth part makes a introductive discussion to make search on building standard retrial lawsuit which is in accordance with the situation of our country, so as to have benefit for reforming and perfect ness of our country's civil retrial procedure.