| As a kind of special relief procedure, the civil retrial procedure plays an important role in maintaining the party’s legitimate rights and interests and ensuring the state judicial activities.On October 28,2007, the civil procedure law of the People’s Republic of China was modified by the tenth session of the National People’s Congress standing committee meeting 30, which came into force on April 1,2008. This revision first in law to retry application review procedures makes clear regulations. The legalization of the civil retrial procedure is important to the party and court. This paper attempts to employ the comparative method, preliminarily constructing and discussing the necessities, properties and principles of review hearing system through analyzing the experience from the theory and judicial practice on civil retrial application for review in our country.Four parts are involved in this paper:Part one:The basic theory of hearing procedures in our country. This chapter introduces the concept and characteristic of the civil retrial procedure. And it also analyzes the difference between the application review procedures and the civil retrial procedures, which elaborating on the significance of the legalization of the civil retrial procedure.Part two:The civil retrial hearing examining system in our country. This chapter widens the necessity of application review by developing the mode and content of the application review procedures, defining the concept of review hearing system.Part three:Comparison investigations on the related systems. This chapter analyzes the similarities of related civil retrial systems between civil law country and common law country, expecting to get some ideas for our state civil retrial systems.Part four:The preliminary establishment of national civil retrial systems. Based on the "Action for Retrial", this chapter puts forward on the Preliminary framework of the application review procedures, addressing the principles, situation and related rules. |
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