The Civil Retrial Procedure In Our Country Start The Analysis

By the long-term effects of functions and powers，the civil procedure law in China givepriority to the court in order to start civil retrial procedure, that people’s procuratorate behindof it. At the same time, if the plaintiffs or the defendants are not satisfied with the final resultsof the case, and think that it is wrong, who can apply to the court for retrial, also can apply tothe people’s procuratorate, but this is not always can achieve their goals. This arrangementhas many problems in theory and in practice. To give full play to the role of the civil retrialprocedure and improve it, experts and scholars were expressed many different views: Orcancel the court and the parties’ right to start, just reserves people’s procuratorate’s power tostart civil retrial procedure. Or think the court starting retrial has its historical and realisticvalue, shoud not be cancel; And so on. Our country’s civil procedure law was revised manytimes to strengthen the rights of appeal for parties, but did not achieve the desired effect, theparties on the starting retrial procedure is still in a vulnerable position.Simply abolish the public power intervention in civil retrial procedure cannot effectivelysolve the problem. The common problem of these views are not from the global, all of themhave the suspicion to protect the interests of their own department or theory. To be honest, alot of problems that exist in the civil retrial procedure in practice is not due to the diversity ofstartup, essence lies in the relationship between them. Improve the system of retrial should beconsidering their relationship and combining with the situation of our country.