On The Reconstruction Of The Civil Retrial System

The judicature is the last guaranty to maintain social justice, and the retrial system is the final floodgate of the last guaranty. The civil retrial system in our country is an important system in the civil action, which takes one kind of monitoring case system. It has played a very positive role in regarding the trial mistake, protecting the litigant legitimate rights and interests and keeping the fair judicature.This procedure, which emphasizes the regardless of the recognized fact and the suitable law used, implements the correction whenever the mistake happened through the retrial system. It practises the judicial ideas of 'seeking truth from facts', 'correcting the mistakes whenever and wherever' and 'the fair entity' in our country.With the development with the judicial reform in china, the present retrial system all has many flaws both from the angle of legal theory and of the judicial practice. Because the stipulation from the civil procedure law to the related civil retrial procedure is set too principally and roughly, it is short of the rationality and operational.The theorists and the people in the practical realm have quite a lot dispute on the civil retrial system. And in the judicial practice the civil retrial procedure has not been in effect of avoiding and correcting mistakes. The anticipated goal of the legislation establishment of the civil retrial system is also very inaccessible. So it is an urgent task for the legislation department to rebuild the concrete rules of the country's civil retrial system at the present time when the reforms in the people's court advances and people's legal consciousness strengthens unceasingly.This article attempts to discuss the malpractice, the cause of formation and the corresponding counter-measure of our country's civil retrial system, and to provide the suggestions for the reforms of the country's civil retrial system.