Civil Remand System

The remand for retrial as one of the important program of civil procedure, it has the function and value that restrains and supervise the processes and safeguards the rights and it promotes the unification and application. The remand for retrial has a irreplaceable role on maintaining the justice of litigation. Through many years of judicial practice, our civil retrial system exposed many shortcomings and defects, including the retrial reason to the provisions of the lack of rationality, excessive litigation cycle prolong the needless waste of judicial resources, the lack of protection of the litigation rights, the lack of effective supervision and restriction mechanism. Due to a series of problems, causes our country’s the remand for retrial cases large numbers, abuse remand very prominent phenomenon. It has seriously affected the function of this system. Therefore, we need to perfect the remand for retrial system in China. The premise of perfecting the remand for retrial system is that we set to follow the value goal of litigation justice and efficiency and the principle of litigation and trial balance. Moreover, legislation should be clear on the basic fact is "not clear" standard of the retrial, limit the remand for retrial completion time, abolish the retrial of the remand for retrial and the parties have the right to choose procedures. At the same time we should establish the remand for retrial supervisory and restricted mechanism, to give the first-instance court the right of dissent for retrial, to restrict the remand for retrial’s judgment. to set up a communicate and coordinate mechanism for the court of higher and lower.