Research On Chinese Civil Retrial

The court made the judgment has and authority for determining equivalent, not by the statutory procedures, shall not make any alteration. But the court made the judgment is not correct, exists in the court case of errors, in order to safeguard judicial justice and social justice, there must be a procedure to correct the error, this procedure is the civil retrial procedure. Therefore, how to find a balance between authority and impartiality of safeguarding the civil judgment is the civil retrial must solve the problem. In our judicial practice, because of the civil retrial cause unreasonable existence appears repeatedly, the appeal case long sentence, not the phenomenon, which wastes a lot of judicial resources, but also makes the judicial efficiency is very low, the civil retrial cannot realize itself should be the legal and social effect. Therefore, to find the effect of maintenance have been the verdicts of the balance to ensure justice can and at the same time, the key lies in the reasonable regulations of the civil retrial cause.Adjustment of civil retrial in China always is a guiding ideology of seek truth from facts, mistakes must be corrected, the ideas throughout our entire retrial system has always been, its purpose is to protect the substantive rights, mainly is to emphasize the individual justice, does not allow an error case. Influence of the "mistakes must be corrected whenever discovered" idea, the parties may put forward error correction, the procuratorate or the court found in the original judgment, ruling there are errors should also be actively corrected. To do so in violation of the right to dispose of the parties, but also the impact of the independence of the independent value of procedure. And here the "mistakes must be corrected whenever discovered" in the "wrong" is only a general stipulation, usually in the trial practice, often is found to be wrong, they must be corrected, which resulted in frequent starting civil retrial procedure consequences, legal order is not effective maintenance. Therefore, to perfect the civil retrial subject in China, first need to determine a correct idea of legislation. In our country, mistakes must be corrected whenever discovered consciousness already ingrained, and with the traditional understanding of philosophy and political deep background.[1] If the mistakes must be corrected whenever discovered thought completely negative, people may not be able to accept at a time. A good practice is adjusted based on mistakes must be corrected whenever discovered on the ideas, the new development on the basis of inheritance, this new idea is "limited error correction". Finite correction thoughts still guarantees the civil retrial as the special status of the procedure for trial supervision, but also in line with the idea of people, both the stability and authority of the referee.Civil Procedure Law of our country in recent decades were carried out in three revisions, each modification to the civil retrial matter changes were made, the biggest change happened in2007, directly from the1991of the five subject to thirteen, from the content point of view,1991only includes substantive retrial reasons, based on the provisions of adding some procedural reasons in1991.the provisions of the civil retrial cause more complete and concrete. Provisions on civil retrial subject from2008to2013, the Civil Procedure Law of civil procedure law made some partial adjustment, delete some unreasonable part, while adding some provisions on the legal expression, specific and more detailed.Some of the world’s major countries and regions of the civil litigation legislation is already quite perfect, provisions on civil retrial of their legislation can give our country some good inspiration. Combined with the characteristics of the legislation of civil law and common law countries, the choice and reference according to the conditions of our country, the provisions of the civil retrial cause of our country should reduce the fact about part number in the matter, and provisions for the specific reasons should be further unified, between different subjects on the basis of the standard for retrial. The civil retrial cause it to open the door of the civil retrial keys to better play its role.