The Civil Protest Retrial Reason

The amendments of Civil Procedure Law of the People's Republic of China were passed at the Thirtieth Session of the Tenth National People's Congress on October 28,2007. he amendments of the civil protest retrial cause is the emphasis in the whole amendments. On the base of researching the basic system, the author will propose his own idea in reform of the protest retrial cause. The whole article falls into four parts as follows:The first chapter is a introduction of the civil protest retrial cause. This section will analyze the necessity of the protest system's existing from our country legal practices to the legal aspects and its nature and function is to maintain the effective referee of the judicature. Thus, the civil protest retrial cause should have the following set alternative concept:not conflict with the trial independence, or the court decision of res judicator, or the legitimate rights of the litigants.The second chapter contrasts the related regulations of the civil procedure law revises and the provisions. The new civil procedure law not only details the protest retrial reason to improve it in judicial on maneuverability, but also pays its attention to the procedural justice, making it more scientifically.The third chapter concretely analyzed the major problems of the current civil protest reason, such as, the fuzzy of the basic concept, the lacking of operability in some substantive reasons etc. Finally, the author point out the shortcomings of the simply same of the procuratorate's and the litigants' civil retrial cause.The fourth chapter is how to perfect the civil retrial cause due to protest the final judgment and the legitimate rights of the litigants. The institution of analytical, present situation and comparative investigation, the ultimate goal of the current regulation all lie in the improvement. The development of things is not achieved overnight; the reform route of our civil protest retrial reason is also like this. Following the correct guiding ideology, the author thinks the premise of present shall:Expel some unfavorable organs due to protest, return to protest in the right place; put some substantive reason into form unconformity and enhance its maneuverability; incorporate procedural reasons to reflect the procedural justice independent value; add some legal retrial reasons which the procurator ate should protest, and demonstrate its public welfare.