Discussion On The Civil Retrial Cause

As a special relief procedure which corrects errors on the effectivejudgments, the value of Civil Retrial Procedure should be fair and priority,taking into account the efficiency. Regarded as the key to open the doorof Retrial Procedure, Civil Retrial Cause should also reflect the efficiencyvalue.The current Civil Retrial Cause has made greater progress in theaspect of protecting the fair value. But there are still some ideal place inthe pursuit and protection of the efficiency value, such as unreasonable bythe judicial functions of configuration, vague legal term in the legalprovisions. These factors easily lead to the parties repeatedly apply for aretrial, a lot of Judicial resources in this process have been wasted, andjustice, the judicial authority has been shaken. This artcle uses EconomicAnalysis of the law theory and method to evaluate and analyse of RetrialProcedure efficiency value, founds that improving efficiency includes conservation of judicial resources (resources of the parties, the judiciary)and rational allocation of resources (mainly referring to the judiciaryfunctions of the configuration). Learn from the relevant provisions ofextraterritorial Civil Retrial Cause, for the provisions of the current CivilRetrial Cause" low efficient" or "inefficient", in order to improve theefficiency of resource allocation, Now propose the following: Firstly, bere-allocated on the retrial of the main range.The current start-up Retrialparadigm shift mainly to apply for a retrial by the litigants, theProcuratorate in accordance with the terms of reference of protest for thesupplement. Secondly, define the content and type of the "newevidence","sufficient","evidence" and "forgery", the substantive subjectshould be transformed into the formal subjuct. Thirdly, refine Someprocedural cause, such as "Without cross-examination" and "Unlawfuldeprivation of the rights of the parties debate". Lastly, Cancel the rulewhich is "the violation of legal procedures that may affect the correctjudgment of the case".