Reflection And Reconstruction Of The Civil Retrial Censorship

In 2007, the civil procedural law amendment undertook a comprehensive modification to the civil procedure law, whose main purpose was to solve" the difficulty of action"," the difficulty of complaints" and " the difficulty of performance" and such a few problems. From the enforcement of the amendment on April 1, 2008 to now, whether has "the problem of appealing"been solved? How does the civil retrial reviewing system perform nowadays? Taking the data of Chongqing city court system from 2006 to 2010 as an example, the writer of the article will analyze the macro-situations of the reviewed cases in courts of civil retrial from the court aspect. Through the application of the retrial case gross movements, retrial ratio, dropped ratio of rejection, the parties applying for a retrial to come into a retrial case in the proportion of the total number of civil protest, proportion applying for a retrial case that enters the retrial case for retrial and the proportion ratio, the proportion of the specified retrial reflecting the Chongqing area examining the complaints for retrial of civil cases under the present situation. Through letters and the change of visiting quantity, the conclusion of "the difficulty of complaints to some extent has been solved"can be summarized. At the same time, the main problems in the operation of examination system in its performance can be illustrated through the data of civil retrial.In the implementation process of civil procedure, a variety of problems appeared. Although the Supreme Court has promulgated two judicial interpretation to solve retrial problems, there are still some omissions or imperfections. For better implementation, the Higher People Court of Chongqing has drawn up a number of normative documents such as:" About applying for retrial cases certiorari working tentative provisions (Trial)"," on the progress of strengthening civil retrial review comments on the work"," the Chongqing Municipal Higher People's Court on distinguishing v. visit the opinion of a certain number of problems ( for Trial Implementation)" and " the Chongqing Municipal Higher People's court on enhancing the appeal hearing work notice". Registration departments have also approved the Department performance regulations in some departments such as:" a civil case retrial procedure"," on civil retrial case acceptance review corrective action plan" to standardize the examination work. Through more than three years of work accumulation, the Chongqing High Court has summarized some successful experiences such as adherence to the" rational presumption", the judge circuit case," and ten check ask working method ." Combining the conclusion from the data, the problems reflected from the data of the high court of Chongqing and some of the successful experiences all together, as well as to perfect civil retrial system, the author puts forward that first is to clear retrial review procedures legislation guiding ideology and to correct position of the function; the second is strengthening the parties applying for a retrial rights and weakening the Prosecutor's civil retrial protesting right, cancellating the authority of a court of retrial right; and the third is to improve the existing civil retrial review system.The perfection of civil retrial review system still has a long way to go. Not only does It require a full range of multi-angle consideration, but a strength from all levels of the society is needed to promote its scientific development.