On The Perfection Of The Revised Civil Retrial Procedure

The civil retrial procedure because of the particularity in theory,and it in the actual operation is not common,so,n the previous civil law theory research and practice operation of not being valued.But, in sharp contrast, parties to the retrial of the psychological demand and correcting the error of judgment cases are very strong, Civil Procedure Law is not give strong support. Comply with the trend of the development of civil law theory and comply with the court for retrial demand, The first session of the Tenth National People's Congress Standing Committee the thirtieth times the conference was passed on October 28, 2007" people's Republic" amendment of Civil Procedure Law,in November 25, 2008 the Supreme Court announced the《On the application of < People's Republic of China Civil Procedure Law > trial supervision procedure to explain a number of problems》,inorder to relieve the parties hard at appeal and retrial. Should say,these two regulations give the retrial procedure stronger theoretical support from the point of departure and action. More than three years passed,The Civil Procedure Law amendment in practice to the people's courts at all levels in the retrial cases on what kind of change,and in practice there appeared what new problems? Faced with these problems, as the practitioners of the retrial procedure,how to reflect,and how to find out the methods to solve the problems in theory and practice,give the maximum effort for the retrial procedure theory and retrial cases.In this paper, according to the Civil Procedure Law of the PRC on the Retrial Procedure Revision, stated on 2007 law amendment and revision background, according to the civil retrial practice on the revised deployment of retrial procedure, sure Civil Procedure Law revised in the theory and practice of civil retrial cases guiding significance and the revision anterior retrial procedure corrects the problem by the old law.After that, I'll dscussion of the revised civil procedure law in civil retrial procedure provisions still exist problems in practice and exposed new problems according to the people's court civil retrial cases in reality,,included in the legislation of technical problems, theory and basic principles of civil procedure law, the problem of retrial cases in practice problems. As a practitioners of the retrial procedure,I deeply feel that these headaches,also caused reflection. After undertaking an analysis to these problems, I will put forward some suggestions for how to improve the civil retrial procedure.The full text consists of preface, text, conclusion three parts, the text is divided into three chapters,there're the retrial procedure in Civil Procedure Law,amendment of Civil Procedure Law on the active role of retrial and the questions on practice,the reflections on the perfection of civil retrial procedure.