Our Civil Case’s Retrial To Register For The Record To Investigate The System

In recent years, with the development of the rule of law in China, has also been the guiding philosophy of our judicial progress. Retrial procedure, originally established in the public power of judicial oversight, purely to correct for the purpose of effective judgment error. Now, new modifications of the Civil Procedure Law, we have seen a great importance to the protection of the rights of the parties to private, respect for the autonomy of the parties has become the trend of the development of a civil retrial procedure. China’s new modification of the Civil Procedure Law, precisely in response to this trend, modify achievements worthy of recognition. However, to solve the parties complainant difficult to apply for a retrial difficult problem, while we adhere to the law error to modify the urgent need.This paper includes three parts, the first part of the introduction and evaluation of the foreign Civil Retrial review of system, the improvement of our system to provide reference. The second part mainly analyzes the the Civil Retrial in China censorship defects, find out the source. The third part is the focus on two major areas to explore ways to improve the Civil Retrial in China censorship, specific initiatives, incluing the first,established the basic principles of the retrial’censorship. Specifically, first, to insist on the maintenance of the entry into force of the judgmeng of res judicata law error correction to the principle of combining. Secondly, adhere to the principle of openness in accordance with the law.Again, adhere to the limited principle. Put forward a series of comcrete ideas to improve the Civil R etrial’review process, including establish third party revoked v.; limitations on the subject of the retrial; statutory Retrial review process.The main point of this article, the Civil Retrial’ review process in the presence of prominent problem in performance in diversified retrial body; defects subject retrial; review model is not uniform; review procedures are not standardized.These shortcomings severely damage the legitimate rights and interests of the parties, but also undermined the authority of the judiciary, undermining the course of justice. This paper argues that, should first establish the following basic principles maintenance of the entry into force of the judgmeng of res judicate law error correction of the principle of comblining the principle of openness,limited principle in accordance with the law. Followed by the establishment of the retrial, to strengthen the dominant position of the parties to establish a retrial should first refactor the main retrial program starts, cancel the court to start the retrial maim qualifications cancel procuratorial organs of the general civil protest retrial powers,strengthen its protest right on the the PIL cases of retrial. Second,we should standardize the the Retrial review process, review mode, the subject matter of the review, the review organization to review, the review oeriod and the number’of design transformation. By more specific measures, the authors hope to be able to establish a set of skills to maintain a valid judgment of res judicata, and protect the legitimate rights and interests of the parties on Civil Retrial review process.Reserch significance of this paper is that, through the analysis of the current Civil Retrial in censorshiop, expore the system.Hope that through their own research, scientific,rational Civil Retrial in China censorship standardized design, a timely and reasonable solution to the existing problems in the judicial practice,the retrial procedure subjects they got it, get out"Difficulty of Complaints","Final Appeal Not Final" dilemma.