Study On The Retrial In Retrial Procedure Of China’s Civil Litigation

The retrial is a way of judgment, because of its relationship to the retrialprocedure smoothly, litigation efficiency, procedural justice, the realization oflitigation value, and many other disadvantages appear in judicial practice, caused thewidely discussed by the theory and practice.Is it necessary to set up the retrial for a new trial? What’s the difference with theretrial in the second instance? How to positing itself? Only solve these problems, canthis system be perfected in the legislation. The author used the methods of on-the-spotinvestigation, the case analysis, examining the case files, discussion and so on tocollect the information of which the paper needs.The author hoped that through the rich first-hand information reflecting thecurrent state of the retrial in retrial procedure of the judicial practice. The author hasconducted a comprehensive analysis of the problems and the reasons of the retrial inretrial procedure in the judicial practice, based on the theory of the retrial in retrialprocedure combined with research data and judicial cases, and offered somesuggestions to perfect the legislation and judicial system.The full text is divided into three parts, the main content is as follows:The first part is the theory analysis of the retrial in retrial procedure. Defining theconcept of the retrial, distinguish between the retrial in retrial procedure and in the second instance. Analyzes the four purposes and the four values of the retrial in retrialprocedure, that is error correction, supervision, relief, settle disputes and processstability, entity justice, procedural justice, litigation efficiency.The second part is the analysis of the present situation of the retrial in retrialprocedure. This section is analyzed from two aspects. On the one hand is to comb andanalysis of the laws and regulations. On the other hand is the overview of the retrial inretrial procedure in judicial practice. Emphasis is on the applicable standards are notclear, the question and reasons of the application for change.The third part is the perfect suggestion of retrial in retrial procedure and otherrelated legislation system. The author thinks that the problems of the retrial in ourcountry is rooted in legislation. Therefore, the author illuminates the legislationguiding ideology of the retrial in retrial procedure and concrete suggestions onlegislation and the system perfect based on the above analysis.