Civil Retrial Procedure Reform

《Code of civil procedures 》 of our country is in reformation open process, converting to the market economy from the planned economy to bear in the process. The civil case discusses again the procedure drive hat with" judgment direct procedure" it an important position for, that name giving national civic rights interfering excessive legal in private right in citizen power, national civic rights putting in private method, this not only disobey with private method autonomy principle mutually, at the same time in fulfillment this kind of civic rights is on the different degree, distorting to discuss again the function that procedure should have from the different angle with the function. Have arrived serious pound at civil case judge since judge the dint, affect society stabilize order, waste to judge the resources, affect to judge the efficiency, the different degree injures the legal rights in citizen, obstructing seriously cure the situation of the country progress by law.The our country civil case discusses again the function of the procedure with the value the current present condition is what mutually break with function that nature method give. It is current to discuss again the procedure, seeming to is a lets who too hard and satisfied monster. But the many people still hopes that it can realize the end judicatory is fair. And the some people also really fears it, fear, it tore the whole judicial mistakes to smash. Here, we should know the value and discuss again the procedure with accuracy with function, should the reason keep the spirit strongly for our country of discuss again the procedure positive. Make discuss again the procedure the real realizing promote the judicatory the candor, supporting the judicial authority, the function that push the judicatory the advance. Draw lessons from the abroad to discuss again the beneficial system concerning the civil case, add the shortage that our country civil case discuss again procedure, discuss rebuilt of the procedure the offering to draw lessons from beneficially for the our country civil case. With worth a foundation that candor judge, the party concerned tells the power and the right foundation of the punishment power, to verdict since judge the purpose foundation that dint proper pursue, resources foundation etc. Of the judicial efficiency is basic request that rebuild our country the theories foundation of the civil case procedure, set up our country the new civil case discusses again the procedure, is new the period cure the country by law.