| As a special error correction and relief procedure, the retrial procedure is used to correct the wrong decision that has the Legal effect after the end of first and second trial procedure, and it's the trial procedure with the special nature that not increases the trial degree. The current civil retrial procedure in China formulates a fairly completed system, experiencing the embryonic development in the period of new democratic revolution, statute book formulation in the early days of new China, the stagnation in Cultural Revolution as well as the revision and consummation after reform and opening to the outside world. Generally, the trial surveillance according to the stipulation of civil procedure law is retrial procedure, guiding with the ideal of "seeking truth form facts, and every wrong will be righted" and regarding Litigant, People's Procuratorate and people's court as the start main body. It is the procedure that can apply, propose and decide retrial according to law when meets with the wrong decision, rules or the mediation agreement that occurred legal effect. In the procedure design, the trial supervisory authority of the court and the legal supervisory authority of procuratorate are emphasized, besides endues the lawsuit right to propose retrial procedure by litigants.Chinese current civil retrial procedure has played an active role in solving dispute, guaranteeing judicature just, building up judicature authority, keeping the unified correct application of law. But with the further development of Chinese judicature reform, its disadvantage has become more and more obvious, such as: conflicting with the basic legal principle; the backward of leading thought; the uncertainty of the retrial obedience formulation; the rather broad of the main body, method and cause to start retrial procedure, and etc. These disadvantages lead to the over seeking and protection of the "fair entity", but ignore the stability of the court decision; It also increases the cases of... |
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