The Study Of Vetting System Of The Case-filing Of The Civil Retrial

Retrial system is the important part of civil litigation system, which the parties legal rights and interests in ensuring the maintenance of justice played a pivotal role. In practice, the referee on the effective identification of whether there is an error, the court needs to find and confirm the error process, and this process is the Civil Retrial review process. Judges review through the exercise of the right to a retrial of the filing, review the subject of whether retrial legal reasons, and then ruled that the retrial hearing, or reject the application to enter. Retrial of the filing review system which bears a point source closure, connecting link of the key role is to start the core aspects of the retrial process.However, with the trial of Civil Trial and deepening the reform of the supervisory system, Civil Retrial censorship problems gradually exposed. Particularly in the Code of Civil Procedure and the Supreme People's Court promulgated the amendments "apply for a retrial on the admissibility of the case review of a number of civil opinions" of the introduction of the Civil Retrial review system has been widespread concern. By the author of censorship Civil Retrial in-depth analysis of the current situation to work out problems, and put forward a sound Civil Retrial review the thinking and recommendations.This text is divided into five parts:The first part is a review of Civil Retrial an overview of the system. The Civil Retrial in part through the review system as defined in the concept and characteristics of the need to review the Civil Retrial review and elaborate civil legal effect, from the basic level, a comprehensive grasp of the Civil Retrial review system.The second part is discussed at the theoretical level censorship Civil Retrial basis. Respectively, from right to appeal the part of the theory, subject matter of litigation theory, lattice theory proper party, the interests of complaints theory and res judicature on Civil Retrial sought in five areas of the theoretical basis of the review system, the principle in terms of civil censorship Civil Retrial to identify involved the theory as its basis.The third part is a review of Civil Retrial in a comparative study of the system. This section on civil law, common law system of civil Retrial in comparative analysis to come up is worth Civil Retrial censorship learns from.The fourth part is the Civil Retrial review system status and problems of analysis. This section first describes the system of Civil Retrial review the historical evolution, and then by analyzing the present situation in China, and ought to reflect on the civil Retrial under review system, and then review the proposed system of Civil Retrial main problems:Start of the main civil retrial Setting unreasonable; review due to lack of uniform provisions; apply for a retrial of the period and the number of unreasonable restrictions; retrial is not clear lead to different standard of review; lack of such filing review process. These issues affect the course of justice, obstruction of justice enhance credibility.The fifth part is on the basis of the above, put forward a sound Civil Retrial the idea of censorship. Specifically through the reconstruction of philosophy, set the start of the main rational for the number of applications for retrial of time and reasonable limitation of the review of the establishment of specialized departments and a unified name, complete grasp of the retrial detailed provisions in a uniform standard of review, the filing review process and other measures designed to tight.Through the use of comparative research and theory with practice, analyzed and discussed the relevant legislative and foreign theories, based on conditions on the Civil Retrial of preliminary examination system to establish a rational, scientific, civil retrial operable Filing review system.