On Defects And Perfection Of Civil Re Trial In China

The civil retrial procedure is an important part of the Civil Procedure Law of China, is a special procedure is different from the first trial, second instance, is one kind of relief procedure, is to maintain the strong guarantee judicial fairness. The retrial reason is the key and the core role in the whole system of retrial, which is the key to start the retrial procedure, is the safety valve maintenance judgment of res judicata. In our country, the spirit of the legal guiding ideology of socialism with Chinese characteristics, legal system in countries of continental law system, Anglo American law system countries judicial experience, the retrial system and the retrial causes are clearly defined and many changes and improvement, in order to safeguard the legitimate rights and interests of the parties and the protection of judicial power, the rule of law in China to play an active role. However, as China’s economic and social development and the rule of law, the present civil retrial subject becomes more and more obvious shortcomings, which should be perfected. This paper introduces the study of issues related to retrial, the retrial, points out the shortcomings of our current retrial in the legislation guiding ideology, too broad, design idea, has poor maneuverability of the subject, and the current civil retrial in China should be in the guiding ideology, balance various interests, realize procedural justice and substantive justice, justice and efficiency to meet, learn from foreign advanced legislative, judicial, cancel court authority startup, increase the stakeholders are the retrial and other aspects of the relevant legislation, system recommendations.