On Procedures Perfection Of Judicial Supervision In China

The adjudication supervision procedure refers to the procedure that the People's court goes on retrial on the case that applied by the court, procuratorate, other authority or organization with supervisory right or the involved party when they find there are mistakes in the judgment or adjudication that takes effect.When we established the procedures of judicial supervision in 1991, civil disputes in China were largely involved with national or state owned enterprises, relating to national and collective interests, centering on the public and without strict dividing line between the public and private. Therefore, procedures setting may be strictly restricted and influenced by social historical conditions. In terms of guiding principles and contents, it embodied strong color of state authority and caused many problems for procedures of judicial supervision, such as diversified starting members, unlimited retrial term, lifelong system of retrial times, limitless instance and over principled retrial reasons.On October, 2007, there was amendment on CIVIL PROCEDURE LAW, which has been improved a lot compared to the previous one. However, in the application of laws after amendment, the author finds that there are a lot to be improved. Through vertical and horizontal comparison and analysis on the actual conditions, the author puts up with some suggestions so as to further improve the civil adjudication supervision procedure。Except for the introduction and conclusion, this paper is divided into the following four parts:Part one is the general introduction to civil adjudication supervision procedure in China, mainly presenting the concept, characteristics and significance of the civil adjudication supervision procedure. Part two includes the comparison between Chinese civil adjudication supervision procedure and similar systems at abroad. Through horizontal comparison of the similarities and differences, it can be found that some advanced systems in other countries can be learned by us.Part three conducts comparison between the original civil adjudication supervision procedure and its amended version. Through vertical comparison, advantages can be found out and defects can be analyzed.Part four points out some suggestions on the improvement of civil adjudication supervision procedure. Through research and actual working experience, it can be concluded the suggestions such as the retrial only with the appeal of the involved party, strict time limit of giving proof and last instance system confirmation for retrial, hoping to make further achievements in the following amendment.