Civil Litigation Research Retrial Procedure In China

In recent years, China’s Civil Procedure Law of the legal profession, especially retrial part of the program for reform are growing, civil retrial procedure of the Civil Procedure Law reform has become a hot spot areas where reform. Court retrial procedure is effective for review proceedings before the referee, In theory, the right to judicial supervision should only be triggered retrial procedure is one of the measures, but should not occupy a major position in the vast majority of countries in the world today, parties to the case under the concept of modern legal system based on the right of petition and request a retrial, are the cause of the main channel where the retrial procedure. China’s current civil retrial procedure, away from the trend of the world civil retrial system has been unable to meet the new situation of building the rule of law the country’s needs, there is a comprehensive and deep-seated reform is necessary.With the2007and2012two pairs of civil law was amended, China’s civil retrial procedure also had relatively large changes, compared with the previous old law, amending the law in terms of these two technical aspects of legislation or legislative ideas level, there is a greater progress, before the reform of legal theory to reach a preliminary consensus has been reflected in the legislation, these are worthy of recognition and praise. But we should also clearly see that our country’s civil retrial procedure civil regime with the world trend there is still a gap in the rule of law concept is growing in popularity today, the civil retrial procedure for reform and improvement is far from over, problems still exist in reality requires us to continue our efforts.This paper is divided into four parts. The first part focuses on introducing the basic theory of civil retrial system, the first of the concept of civil retrial procedure, to analyze the characteristics, and then on the ideological origins in ancient China and the origins of the modern system of making exposition. The second chapter is mainly through the introduction of the world’s major countries, civil retrial system so that we recognize that our system of Civil Procedure relating to the provisions of the Civil Retrial gap with the world trend. The third chapter focuses on the system of the Civil Retrial Procedure Legislation and Legislative defects. In the fourth chapter of the reform and improvement of the civil retrial system made several recommendations plain. Finally, I firmly believe that with the continuous progress of our society, the reform of the civil retrial procedure will be a success.