Civil Action For Reconsideration System

As a procedural right relief way, civil procedural reconsideration system is for the purpose of correcting the People's court and judicial officials' procedure illegal activity and providing relieves the litigant or the other formidable sponsor's procedural right. But, due to China's "heavy entity, light procedure" impact on the traditional legal concepts, the procedure is always regards as the tool to guarantee the implementation of the substantive law. It has no independent law value. Said the old saying as that goes the skin, how can the hair stand? Therefore, civil procedural reconsideration system in our country has not been paid due attention, for specific performance of humble legal norms, stagnant theory research as well as chaotic judicial practice. However, along with human rights safeguard idea's being universally accepted by people as well as the procedure independent value, the procedural right relief has been increasingly important in the course of civil litigation. So the reform and improvement of civil procedural reconsideration system appear to be very essential and urgent.Civil procedural reconsideration system is complicated. Constrained by the space restriction of master degree thesis, the author has to have taking or rejecting. In the aspects of studying means, the author adopts analysis methods of history, comparison and value to insure the tension of contents, the layer of elaboration and the depth of reasoning.The paper has more than 50, 000 words and consists of five parts in addition to the preface and conclusion, which are as follows:Part I. This part mainly inquiries into the content, application and classification of civil procedural reconsideration. The article begins at the original meaning of consideration, reveals progressively the framework of "consideration-judicial consideration-civil procedural consideration" and gives the concept of civil procedural consideration. Thereafter, the article enumerates the applicable civil cases and makes academic theories classification from five aspects. Part II. This part talks about the origin and the value of civil procedural consideration. For the origin, the article reconsiders the lock-on target in the administration system after excluding the inherits and transplant of the law. For the value, the article elaborates from realizing right relief, protecting procedural justice and enhancing lawsuit efficiency, and shows the more attention of the legislator to lawsuit efficiency.Part III. In this part, the article selects Germany, France, Japan and Taiwan region in China. Through their respective civil procedure law, the article elaborates resort or counterappeal system in detail of situation and procedure which they apply in. The author suggested that the reform of civil procedural consideration must profit from resort or counterappeal system in stipulation system, public procedure, abundant and so on.Part IV. This part analyzes the status and defect of civil procedural consideration system in China on the three angles of right relief, procedural justice and lawsuit efficiency. By discovering and analyzing these problems, the article emphasizes that the reform of civil procedural reconsideration system be imperative.Part V. This part starts with the debate in scholars which is about the abolition or reservation of civil procedural consideration. The article enumerates the reasons both for these opposite viewpoints. Then, the author expresses own position that civil procedural reconsideration system should be reserved but improved. Thereafter, the article brings forward the reformational direction of protecting procedural justice and the reformational guideline of procedural publicity and procedural participation. At last, the article proposes some specific reform measures.