Civil Trial Supervision System

Many professors regard trial -and-supervision procedure, included in the three procedure laws, as to be retrial procedure. Because the two kinds of procedures have the same means, in the practice they are regarded as one procedure. The former means that the administrations, including the court and procurator ate, think that the verdict of lawful effect assume on some error, so they decide to retrial the lawsuit while the latter holds that the procedure is established to ensure justice as the verdict which has been lawfully effective is thought as erroneous. Generally, the retrial procedure consists of starting procedure and trial procedure. Therefore, we cannot equal retrial procedure and trial -and-supervision procedure. The highest goal and basic demand in the course of justice are identity of procedure and entity justice, justice and efficiency, and justice and definite. The trial -and-supervision system conforms to the three identity mentioned above and plays a part in practice.But there have been some problems in the civil trial -and-supervision system. For example, some contradictions between entity and procedure benefit caused by the guideline, main parts which can lead to retrial procedure, reflection of over-power in the opening up retrial, no-time -limitation in the opening-up, equal existence of appeal and retrial system, too many reasons in opening up retrial procedure, being shortage of protection system about other people, and so on. The civil trial -and-supervision system cannot be abandoned in the present time, according to our country's situation. The reasons are follows: Firstly, the important element in the socialist and politic system is the trial -and-supervision system; secondly, the supervision system in the people's court need depend on the trial -and-supervision system, but the former will not be changed and will exist in the long time; thirdly, the danger idea people must endure in res judicator in the verdict is not identical with our traditional culture and the socialist principle of law rule; fourthly, under the circumstances that the compulsory acting as agent system has not been set up ,we can not canceled the civil trial -and-supervision system; lastly, the civil trial -and-supervision system is acquired to ensure the protection of others' benefit.In the course of rebuilding civil trial -and-supervision system, we should deal with the relation between procedural justice and steady, res judicator and the principle that error must be remedied, and the judicial dignity and litigants' right. First, when civil procedure law revised, the trial -and-supervision procedure will be changed into retrial one.Secondly, the basic principle, correcting error according to the law, should be developed in the guideline. The retrial procedure opened up in the light of the law should be limited. And court' power of opening up retrial should be eliminated. In the especial situations, People's procurator ate has power to lead to retrial. Third, the procedure of litigant applying for retrial should be perfected. The appeal person must be one related to the result. The object and definition should be limited, in the same time, the regulations should be added .They are follows: first, the lawsuit ends up in the way of mediation; second, the lawsuit isn't appealed; third, the highest court deal with lawsuit; etc. Besides, the period of applying for retrial should be one year; the period in which other people and the procurator ate present different suggestion should be two year; the court in which lawsuit of retrial can be received should be the higher court than original court. In the same time, the reasons of retrial should be regulated. They are follows: first, there are serious entity errors in the original verdict, which include the erroneous fact and law .The procedural examination should be set up seriously. The form element in the retrial that litigant apply for to the court should be examined by appeal department while the substance fact should be examined by the trial-supervision department in the way of hearing. As a result, the lawsuit accordant with demand can continue while the opposite should be ceased. One system that the litigant should undertake the responsibility if he performs the erroneous appeal should be developed so that he can correctly use the right. Also People's Congress' supervision should be adjusted so as to try to guarantee the principle of judicature independence. On the one hand, the court's trial should be supervised in the form of hearing work report from the prospect of the performance of judicial system and its social effect. The attentive lawsuit, on the other hand, can be known by hearing. Lastly, the supervision can be developed through the report related with the court and learning information.