Rethinking Of The Retrial Procedure Of Our Country

In August31,2012, the twenty-eighth meeting of the Standing Committee of the Eleventh NationalPeople’s Congress passed the "on the revision of the law of the people’s Republic of> decision" the secondamendment, in this revision, to the trial supervision procedures were greatly modified, this is since2007thefirst revision, and a modification to the procedure for trial supervision in a short period of five years. Afterthe two amendment of China’s criminal trial supervision procedure, compared to the previous improve a lot.However, because the two amendment are starting from the concrete procedure design reform, did notchange the trial supervision procedure is based on the trial supervision rights, so it should be said that thereform of the two are not complete, there are still some problems, such as the judicial practice appealsexcessive, irrational complaints phenomenon is still very serious.In order to thoroughly solve the existing problems in retrial procedure, this paper analyzes anddiscusses from five parts, in order to reform to promote the retrial procedure.The first part, the definition of the retrial procedure theory, a comprehensive analysis of the retrialprocedure, retrial procedure from the connotation of the retrial procedure in our country’s history, the retrialprocedure of the orientation of value, value goal of defining retrial procedure to construct the connotationand the pursuit of the retrial procedure.The second part, modification and evaluation of the retrial procedure, retrial procedure modified fromthe background, modify the contents, modification of the retrial procedure aspects of the evaluation areanalyzed panoramic view of the two amendment to the retrial procedure, understand the current retrialprocedure of our country’s situation, as the foundation for defects and shortcomings of the analysis in thispaper.The third part, the study of foreign civil retrial procedure, the continental law system, Anglo-Americanlaw system with the study representative countries retrial procedure legislation, analysis and commonissues in these countries, the difference of the retrial procedure, provide a useful reference for the reform ofthe civil retrial procedure.The fourth part, existing retrial procedure of our country, through the comparison of the revised civil retrial procedure and the extraterritorial retrial procedure, combined with the retrial procedure in ourcountry, and points out that the existence of the retrial procedure problem: the retrial procedure exists in themacro problems: the design concept of the problem, the guiding ideology of the problem; in the specificprocedures of retrial subject: relationship problems, the retrial, retrial on appeal and application problems.The fifth part, improve the retrial procedure, the retrial procedure problems, consider the legal statusof our country, respectively from the retrial procedure design concept, guiding ideology, the macro leveland to establish a retrial procuratorial supervision as the foundation, protest to complement the retrialprocedure, retrial procedures established access system specific suggestions for the reform of the civilretrial procedure.