The Function Of The Theory Of Civil Retrial

Under the effect of the national departmentalism idea of legislation, the authoritylitigation mode and “seek truth from facts, mistakes must be corrected whenever discovered”guiding the ideology, China’s retrial function positioned in the “error correction”. However,the error positioning led to the current chaos that “the court does not end”,“complaintinfinite”in judicial practice of retrial, which have attracted close attention in academic circles,in order to correct the error scholars have put forward various theories. The function of retrialdoes not positioned in “correction”,“supervision”, nor the maintenance, but the supplementrelief of right. The setting of the retrial procedure beside the “trial” system is just the relief ofthe insufficient rights guarantee in the first and second trial. The function of supplementaryrights relief and the purpose of civil litigation is highly consistent, its basic point is to protecthuman rights, which is to protect the party’s legal rights.In August31,2012, the twenty-eighth meeting of eleventh NPC passed the “the decisionabout the revision of the Civil Procedure Law of the Chinese people’s Republic”, the revised“Civil Procedure Law” will be implemented on January1,2013. the modification of retrial inthe new law is unsatisfactory, or even keep the name of the “procedures for trial supervision”,the reform of retrial procedure has a long way to go. The type of litigation retrial shouldestablished and establish retrial litigation, if analysis the reform of the civil retrial fromperspective of the function of supplementary rights relief.