Retrial Procedures' System

Being a significant composition of our nation' s civil trial system, retrial system plays an important role in safeguarding the judicial fairness, ensuring the realization of legitimate civil rights of our citizens. Nevertheless, more and more shortcomings of our current retrial system are found in light of the development of market economy of our country. This thesis provide some preliminary investigations and analysis with certain problems attached to our current retrial system.There are totally four chapters in this thesis.The first chapter is an introduction to the current retrial system of our nation within the field of civil procedure law. At the Civil Procedure Code of our nation, the procedure of retrial and the procedure of monitoring are actually commingled. Through the analysis in this chapter, it' s the author' s opinion that these two kinds of procedures should be differentiated and divided. It will be more precise to define the procedure correcting the flawed and wrong judgments, which already come into effect, as retrial procedure. By studying the specific provisions of our Civil Procedure Code, this chapter gives a sum-up with the larruping characteristics of our monitoring procedure of civil trial, together with an investigation of the historical causes of such procedure.The second chapter carries out a brief review with the binding force of the final judgment and the theory of established judgment, which stress...