Practice Study Examined The Civil Retrial Cases Registered

Our Retrial review experience with the same complaint letters mixed phase,exploratory phase of reform has entered a stage of development and specializationgradually increased to a relatively independent statutory proceedings, with professional,litigation and supervisory features. Parties to apply for a retrial is the most importantway to start the retrial procedure, retrial established case enters the retrial hearing stage,that the review by a relatively simple way to efficiently meet the conditions for entryinto force of the referee sent retrial retrial proceedings to be corrected, do not meet theconditions for entry into force of the referee retrial retrial proceedings stand in the door,the program will not only focus on judicial resources effectively meet the conditions ofthe case for retrial on the parties to ensure the protection of the right to appeal, but alsoto maintain a normal state finality effective judgment of second instance principles,effectively reducing the incidence of abuse complaints. Therefore, the review processhas interests retrial relief, prevention supervision retrial important function of filtering,it must be regulated and refinement. Review procedures such retrial retrial proceedingswith distinction, you can apply to the court for retrial types of cases, what people canapply for a retrial and other issues, are discussed in the article.To do a good job under the new situation of the civil retrial review process must beclosely integrated judicial practice, from reality, from the basics, start from the details;must identify the problem, find out the rules, clear thinking and innovation. As in theretrial of a court review of police officers, based on the provisions of law and judicialinterpretation, drawing circles both in theory and practice of research, combined withspecific questions for review of practice thinking, writing this article. Article pointedout that the problems are mainly caused by an irrational trial court establishedinstitutional settings regardless, senior research guidance relating to the trial court notmeet the needs, the parties contradictory rigid pressure petition prominent retrial retrial proceedings sector departments and miscommunication; retrial deadline setunreasonable; thinking and understanding are incompatible with the legislativerequirements. Authors of these issues are also put forward their own suggestions: cleargoverned by the case, increase the Higher People’s Court guiding research efforts;establishment of specialized agencies responsible for retrial review; exert initiative,explore diversity dispute settlement mechanism; resource sharing, to enhance thereview department and the hearing departments of communication; scientific proof forretrial period; establish a correct understanding, improve judicial specialization.Reform and development of any system is not easy," equal protection of the lawruled that mediation priority, tune sentenced integration" is not just a slogan, I hopethis article can lead to legal practitioners and theorists thinking, in order to furtherimprove retrial censorship, and better promote the work of a force retrial...