Civil Retrial Theory

Retrial cause is the key to start the retrial proceeding. It is not properto protectthe lawful right and interest of the parties and maintain the stability and authority of the effective judgments by the courts, if the retrial starting causes in our current civil procedural law are too general and fundamental, So it is necessary to redefine and limit the retrial starting causes. Although many experts have made comparatively in-depth studies on the civil retrial causes, and the law about this part have been somehow comprehensive, there is still some insufficience. With the methods of analyzing the conception, comparision and jurisprudential analysis,This paper have explained the the retrial proceeding.systematicallyand analyze and redifine the Retrial cause. After comparing the Retrial cause of the retrial proceeding of China with that of other countries and differentiateing the former civil procedural law and the new-amended civil procedural law. This paper try to explicit some the retrial cause for the retrial proceeding and limit the application of the retrial proceeding, and some new system should be set up as well.