On Civil Retrial Start The Perfection Of The System

Based on the analysis of the present situation of the civil retrial startup system, the author believes that the premise of the civil retrial startup system should be the theory of adjudged force and civil retrial procedure reform should be guided under'limited retrial'concept instead of'the wrong will be righted'theory, comparing the differences of civil retrial startup system at home and abroad and combining our specific circumstances and judicial situation.'Limited retrial'in the paper, the core of that is to weaken authority retrial startup model and strengthen the rights of parties to apply for a retrial. Based on this core idea, the author advises to improve five aspects as following: startup subject, startup reason, startup aging, startup times and the examination proceeding for placing a case on file in civil retrial procedure. The premise of the retrial startup by the court is that the parties has proposed for the retrial application, and the principle of startup reason transform from'proven wrong'to'possible judge error resulting from significant procedural flaws in the original judge'. For retrial startup by procuratorial organ, the phenomena involving public interest litigation allow procuratorate startup retrial procedures; otherwise the startup subject should be the parties. The retrial startup by the parties, the court and the procuratorate should limit startup times for one time and startup aging of the court and the procuratorate. According to the different retrial reasons, the examination proceeding for placing a case on file in retrial startup case should take different manners, like written review, summary trial, hearing manner.