Civil Retrial Procedural Reform

As a special remedial procedure beyond the system whereby the court of second instance is the court of last instance, the civil retrial procedure is of great importance on protecting the legitimate rights of the parties and realizing the justice in national judiciary activities. So, the reform of China's civil retrial procedure is always the hot spots in national field of theory and practice.Now, the Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China, which was adopted at the 30th session of the Standing Committee of the 10th National People's Congress of the People's Republic of China is hereby promulgated and shall come into force as of April 1, 2008. The revision of the Civil Procedural Law is intended to solve the problem of Complaints Difficult and Implement Difficult.Focus on the revision of the civil retrial procedure, the paper first makes clear the concept of the civil retrial procedure, and compares with the foreign civil retrial system. Then the paper discusses the specific provisions of the civil retrial procedure and suggests the improvement of the procedure.There are four parts in the paper.Chapter one is the summary of the civil retrial procedure of China. This part gives the definitions of civil retrial procedure and discusses its characteristic and significance. This part makes the definition of civil retrial procedure clear by comparing with other similar procedure, such as the trial monitor program. Then it compares this procedure with the first and second trial procedure to get to know what is its own characteristic .In the end of this part, it point out the significance of civil retrial procedure is to ensure the litigants to obtain their civil right and the judicial justice to be eventually realized.Chapter two concentrates on a comparative study of relative foreign legislations. This paper focuses on the retrial system in civil law system and related systems in USA to find out some common worthy. So that we can get some valuable experience to reform and improve our civil retrial procedure.Chapter three analyzes the current situation of the civil retrial procedure. This part first analyzes the background of this reformation. Then it analyzes the obvious changes including standardizing the retrial cases, such as limiting the scope of the retrial, further clarifying the reasons of the retrial. But for this reformation did not have comprehensive, systematic changes, current situation of the civil retrial procedure still has a lot of flaws and loopholes.Chapter four makes some discusses of the reconstruction of China's civil retrial system. This part advances some measure to reform and perfect the civil retrial procedure on the premise of new guiding ideology. We should pursue the legal authenticity and correcting the wrong judgments in accordance with the law, instead of insisting on being practical and realistic and that if it has mistakes, they should be corrected at once. And we should take the modern judicial ideology such as fairness, neutrality, efficiency, benefit and judicial independence as our guiding theology, we should alter the starting body of the retrial procedure, and abrogate that the court right to start the retrial procedure by itself. And we should restrict the scope of retrial raised by a procurator ate and we should take the parties as the main bodies who are qualified to apply to the retrial.