On The Improvement Of The Civil Retrial System

Civil retail procedure is a special trail system of china civilprocedural system, as well as the recovery procedure of civil procedure.The current civil retrial procedure has many disadvantages:sharpincrease of civil retrial cases, final judgment being not final, chaosin litigation order leading to low efficiency and instability of judicialprocedure. It is unavoidable task to remand the current civil retrialprocedure.The present article is based on analysis of the defects of the currentretrial system, the relation between civil retrial procedure and severalcivil procedural concepts—the theory of judgment, disposal principle andsuit right, the relationship between civil retrial procedure and relevantprocedural systems—trial rank system and criminal retrial system. Byanalyzing the deviation of the concept on designing the existing civiltrial supervision system, the author puts forward the theory ofreconstructing civil retrial procedure on the basis of modern civilprocedural concepts.