Res Judicata Perspective Civil Retrial Procedure

Civil retrial procedure has always been the hotspot discussed in the theory of civil procedure, and the focus in civil justice reform. This article begins with theory of res judicata, observing our civil retrial procedure, and pointing out the conflict of res judicata and civil retrial procedure, while searching the balance of both sides is just what this article want to tell.There are three parts in the thesis.The first part probes into the basic theory of res judicata and civil retrial procedure, then analyses the relation of both sides, indicating that the rational reconstitution of civil retrial procedure is the right way to balance the conflict with res judicata.The second part introduces and compares the running of civil retrial procedure in other countries. Though the common law countries differ from the civil law ones, they all recognize the necessity of civil retrial procedure and regulate it aboratively, which may greatly benefit our reform of civil retrial procedure.In the third part, the author put forward the assumption of reconstitution basing on the reflection of our actual civil retrial procedure. Because the startup of our civil retrial procedure indicates the supervision of judicial department, which is conflict with theory ofres judicata and the fundamental principle of civil procedure, we must reconstitute the civil retrial procedure basing on the right to retrial of the party, which means that only the parties of the suit can start up civil retrial procedure with proper reasons restricted in this thesis. Finally, the more details about civil renal procedure reconstituted in our country are discussed and perfected by the author.