China’s Civil Retrial Cases Trial Jurisdiction System Reconstruction

In April 1, 2008, the newly revised" Civil Procedure Law" carry out formally. Thisamendment to the procedure for trial supervision. Although relates only to the7, but itsimplementation after the parties to exercise the retrial, the procuratorial organs theimplementation of legal supervision, the people’s court trial grade jurisdiction to differentiateafresh had a tremendous impact.Through this paper, first of all to our country civil trial grade jurisdiction of the reality ofthe situation was briefly introduced, for the community, academia exists on the issue of rationalanalysis, in the paper the author writing period, a great deal of foreign related law and the worksof scholars, choice of Anglo-American law system and continental law system countriescompared with analysis, the foreign and Chinese civil trial class system of jurisdiction to conducta comprehensive comparison, find the retrial proceedings is characterized with the grounds ofappeal both to contact. Retrial appeal appeal should be added, the price at the time, if the partiesknow first law give the retrial, where conditions permit, should appeal to advocate, in thejudgment of the trial by know again, can we put forward retrial litigation.Secondly, the civil retrial system in our country and abroad three tiered system for a valueof contrast, found in the foreign civil procedure for retrial cases from the court exclusivejurisdiction provision is not suitable for the national conditions of our country, but the modified"to a higher court for retrial" law rules are not reasonable, the author thinks that our countryoriginal provisions of the civil procedure law" or to the upper level people’s court for retrial" tobetter reflect the court for the parties to the procedure of choice for respect, should be retained.As for the upper and lower mutual shirk responsibility phenomenon, can be through the detailsof the operation to prevent.Again on the civil retrial correction part about retrial ideas breakthrough and to the mainmethod of the personal understanding in detail, finally aims at our country the retrial case trialgrade differentiates afresh after a succession of new problems how to effectively solve the, theresearch stress syndrome have a comprehensive, rational, practical grasp. On the future of China’s civil retrial cases trial level how to divide, judge how resources reallocation proposedtheir own ideas, hope that in the future amendment of civil procedure law, the research resultsinto practice in the civil procedure law, to meet the future development needs, continue toimprove the system of Civil Procedure Law...