Civil Court Retrial Cases Gansu Research Report

In the process of resolving disputes through litigation in the judicial process, people expect fairness and efficiency, fairness and justice judge, this expectation reflects the relentless pursuit of people to the idea of "rule of law". But in fact, due to the limited understanding of objective things ability, the judge in the specific time, specific judicial environment and the judicial process, the referee mistakes and flaws of its objective necessity. In this case, not only the legitimate rights and interests can not be protected effectively, but also affects the judicial authority, thus leading to inappropriate social relationships exist, influencing the harmonious and stable social order. People without the ability to completely prevent the judge in the premise of intentionally or unintentionally misjudged the trial process, in their own can not tolerate the situation, make the rights back to the healthy state of the appeal. At the same time, the judicial organs responsible for ensuring implementation of the law, safeguard the legitimate rights and interests of citizens and legal persons, to ensure that the burden of social stability, in judicial activities found in error, to safeguard the authority of law, establish the judicial credibility, also must correct the verdicts of the error. The retrial procedure is adapted to the objective demand of the realization of the rights of relief, overcomes the defect of the construction, in addition to the trial level system is the program. The legal system of our country civil retrial procedure is an important part of the retrial procedure, in the premise of rational maintenance judgment of res judicata, maximize the correction in accordance with law,"the petition of flood discharge" role. Along with the standard of statutory, application for retrial retrial procedures to review the work of the legitimate rights and interests of the parties, further protected, how to adapt to new forms, new tasks and new requirements, the new people’s expectations, put forward higher request to the court trial enterprise.