Civil Retrial Reflection And Reconstruction Of Procedures

The purpose of setting up a civil retrial procedure is to protect the legal entity by the procedure, and correct wrong judgment, and realize the justice righteousness at the maximum degree. On the October 28^th, 2007, there have been a certain extent development and improvement about the civil retrial procedure in current our country's Law of Civil Procedure, but because limited by many aspects conditions, there still are some flaws in the modified retrial procedure.This article's author is trying to use a method of compare-analysis between domestic and foreign related legal systems, and focused on some actual existing defects and faults in recent our country's civil retrial procedure, and offer some useful thinking tracks and some concrete reform proposals.There are four chapters in this article.In the chapter one "general survey of our country's civil procedure", the author expounded the concept, source and function of the civil retrial procedure.In the chapter two "compare-analysis of the different civil retrial procedures between two major different law-genealogies countries", the author introduced different civil retrial procedures in the Continental law system countries and Anglo-American law system countries, and by using the method of compare-analysis, the author presented opinion of using these knowledge for reference on the restructure of our country's civil retrial procedure.In the chapter three "the defects in our country's civil retrial procedure", the author analyzed those problems in our country's civil retrial procedure, for instances: it is partial for the guide ideology of "any mistake must be rectified"; the jurisdiction court of retrial can not tally with the characters of retrial; multipolar situation of starting entities in retrial now has shaken the accomplished sentence power of the legal judgment; the legal reason for retrial becoming too broad had precipitously influenced the special characters of retrial procedure; retrial time limit too long and limitless retrial times had already caused "endless final judgment", and so on. These problems mentioned above have already influenced the function of retrial procedure. The retrial procedure needs to be restructured.In the chapter four "restructure of our country's civil retrial procedure", the author presented his assumption about restructure of our country's civil retrialprocedure------reshape the value orientation of civil retrial procedure; the retrial jurisdictionwill belong to the first trial court; limit the start entity of retrial procedure; restrict the legal reason for retrial procedure; shorten the time of retrial and set up the principle of limited time retrial.