On The Perfection Of Civil Retrying System Of China

The Revised Edition of the Law of Civil Lawsuits of People's Republic of China make modifications of the retrial procedures of civil cases in detail,but there are still some deficiencies in civil retrial system.It is universally acknowledged that retrail system is one important foundation stone on the road of china's law. With the further deepening of reform and open-up. The establishment and development of market economics system,the bettered retrial program should be needed higher standard.The topic of this paper is deficiencies in civil retrial system and counter measures. This paper suggests that the civil cases be improved through retrial reasons, duration of retrial appeal,check methods,and trail of retrial cases on basic principles of civil lawsuts and in consideration of the problems of judicial practices. Furthermore this paper analyze and the suing essences and subjective of civil retrial.The author explains the current situation of China's civil trial supervision proceeding,and states the problems created in juridical practice.This paper focus on the reconstructing of civil retrial's institutions and jurisprudence,which can be considered as a static juridical research,rather than the flesh field study of legal developing trends.Besides,this paper states that it shoud be forbidden for procuratorial authorities to involve in all civil retrial proceedings,considering the peril of parties's rights and his precious freedom of will.In certain cases concern the loss of state-owned properties,procuratorial authorities can attend the civil retrial to protect the national benefit.