Subject Of Civil Retrial Procedure

As a special relief procedure, civil retrial procedure has played a decisive role in the construction of the democracy and the rule of law. As a mechanism access to the retrial procedure, main body is the primary problem. According to the provisions of civil procedure, the court, the procuratorate, the parties and outsiders can to be as the retrial startup subject, so our retrial procedure is not the lack of main body, but the reality is the difficulty in applying for retrial, repeated appeals is still prevalent. Therefore, the current retrial starting system can’t meet the internal demand of the social subject. In the author’s opinion, the core of the contradictions in the current system failed to deal with the relationship between rights of parties and judicial resources, can’t seek the best combination of points between the parties’appealing and maintenance of judicial power, is not reasonable to distribute priority under the authority of the court, procuratorate and parties. Because of this deviation from the design of the system makes the recent legislation, judicial departments in and try to reform the retrial system did not bring good expected effect. So, this paper attempts to start a discussion on these issues, in order to help to reform the current retrial system.In addition to the introduction and conclusion, this paper is divided into five parts.The first part outlines the theory and the status quo of subject system to start the retrial procedure, mainly discusses the general concept, development process and current situation of legislation and judicial practice.The second part is about the extraterritorial of the main countries in the world, mainly studied the relevant provisions on retrial starting system, in order to reference meaning to our country retrial subject system.There are third parts of profound reflection on China’s current retrial subject system problems, including court, procuratorate, parties, outsider and the subject’s priority.The fourth part mainly analyzes the internal and external causes of the system formation.The fifth part expounds some ideas of improving subject system of the civil retrial procedure. On the one hand is to change the idea, from the traditional to modern; on the other hand is to reform the system, including strengthening the retrial, retrial specification by the procuratorate, provisions of the abolition of court authority decided retrial and perfect to start the retrial of the case.