On Our Country’s Civil Procedure For Tiral Supervision

During judicial practice, as the final protective screen of judicial system, trialsupervision procedure works efficiently in terms of correction of judgment,maintenance of power of judicial. After modified, Civil Procedure Act clearsappeal-review procedure in trial supervision procedure, which makes workingmechanism of civil action change a lot, while guaranteeing the litigious right of partyand enhancing supervisory role, it efficiently increased the quality of judgment ofbasic level and laid a firm foundation for judicial authority. But with constantchanging of social environment, economic environment and judicial environment,judicial practice changed also, during which the problems of trial supervisionprocedure emerged gradually, which gave a huge challenge to the authority ofjudgment. By investigation and analysis of civil trial practice, the thesis analyzesmany problems obvious in trial supervision procedure. Compared with foreignsupervision of adjudication system, the author put forward some suggestion andopinions on perfection of trial supervision procedure in our country.Civil trial supervision procedure in our country has some problems in the fourphases: procedure design,review-registration,appeal-review,review-trial. Proceduredesign phase has too many subjects as well as not scientific design. Inreview-registration registered level of trial is not clear, no repeated registeredlimitation, and the problems possibly caused by free legal fare. In appeal-reviewthere exist shortcomings in the way of appeal-review, and the problem that reviewterm exists in name only. In review-trial, establishment and judgment is together aswell as two problems of review and no ending.By much investigation and analysis, combining with foreign relevant legal rules,the author put forward the following suggestions and opinions：first, take the party asthe main body to start retrial procedure, with other methods as supplementary；second, perfect the reasons of retrial and refine fact evidence and reasons of retrial inproper laws, increase reasons of retrial of evidence responsibility and different cases,adjust reasons of retrial in general procedure； third, refine level of trial of accreditation, ensure administer system of superior and subordinate courts, refineappealing reasons and types of cases, divide administrative level, explicitjurisdictional limits of courts of all or different levels, case filing investigationdepartment should explicit the types of cases, administrative levels to ensure who isin charge of management, who investigates and who try, dividing cases, persuasioncontradiction；fourth, legislation limitation should control times of retrial, strictlyobey the legislative term according to legal regulation, explicit that retrial case canonly be established for once, limit times of retrial strictly；fifth, implement chargingsystem for retrial of civil appeal, charging in advance, and as for the cases enteringretrial procedure, the charge paid will be sent back；as of the cases rejected in thisprocedure, the charge paid will not be sent back；sixth, appeal-review takes writtencensor as the principal thing, hearing of witnesses as auxiliary. As of the cases thathave clear facts, no need to take written censor; as of the cases that have newevidence or complicated organization, hearing should be carried out；seventh, perfectjudicial management and form efficient investigation system. Judicial proceduremodified deducts approval process of right of investigation, situation of supervisionfor the case, investigation for relevant responsibility of the undertaker in the casebeyond the term without reason； eighth, carry out the rule of separation ofestablishment and judgment, separating the functions of appeal-review andreview-trial in the retrial, because of the treatment of different departments；ninth,never change the certainty of the results of retrial, limit retrial of procedural casesand end the returning right of doubtable cases.