Problems And Countermeasures In Civil Retrial Procedures

Being a special program for the relief program, civil retrial procedure has important practical significance to safeguard the rights and procedural justice. On October 28,2007, the standing committee of NPC revised parts of the civil procedure law which involved modifications of judicial supervision procedures. Its main purpose was to solve problems of "hard to appeal and re-appeal to the retrial. The most conspicuous revision was refining causes for retrial applications to thirteen items, and added stipulations for people's courts to accept the specific retrial procedures in Article 180 and 181. The revisions on the retrial procedures of the Civil Procedure Law hope to increase protecting litigants'rights for retrial applications through the building of the retrial. This will inevitably influence both the value concept and specific operation of civil retrial procedures. However, in the judicial practice, whether it must be expanded to the retrial startup in response to the complaint is still questionable.From the view of current process of civil retrial, it exists some problems such as non-limitation retrial procedure, unreasonable- set trial periods, improper use of judicial resources, unscientific jurisdiction rules and difficult to grasp the censorship standards of retrial request. The cause of disease is due to that the value orientation of civil procedure legislation have been lost, the civil procedure legislation and judicial practice are disjointed, the organizations of the court institutions can not adapt to the judicial practice developments and the communication between the court and the procuratorate is lack of effective. Therefore, the reform and the perfection process of retrial run mechanism must be based on the characteristics of civil retrial seeking a dynamic balance between the value and coordination. Based on the value orientation of the civil retrial procedure, combining the working practice of trial, the retrial time should be reasonably determined, and the procedures of applications for review related with the retrial should be unified, and the retrial request trial examination program function should be strengthened, and the retrial request censorship standards should be reasonably grasped, and the retrial scope of the basic and intermediate courts should be scientifically defined and information communication channels for both the court and the procuratorate should be constructed. This paper studies the categories including effects, functions and interactions of various factors which influence the operations of civil procedures in the retrial, examination, retrial case and the process, principle and operation mode of how these factors work. Specifically, the influence of the civil retrial procedures operation system includes both the elements in system, namely relevant civil litigation law and the relevant judicial explanation, and series of procedures on civil retrial, retrial case and review and so on which every court makes by their own. And it also includes subjective body, namely the body to start the operation of the civil retrial procedure such as litigants, courts and procuratorates. All the factors above have interrelationships and interactions to ensure the smooth operation of the civil retrial procedures, and achieve the final objectives and tasks for the justice of the ultimate civil case entity.