Research On Civil Retrial Causes

Civil retrial system, which regarded as litigation items and trial proceedings as the basic content, is very important in civil procedure law of the continental countries. The amendments of Civil Procedure Law of the People’s Republic of China have been passed at the Tenth National People’s Congress on October28,2007. These amendments mainly aimed are two theses; one of them is the difficulty of the application of retrial the case; another new issue has emerged which is there are numerous cases to retrial. In2012, the amendments of Civil Procedure Law of the People’s Republic of China have been passed again. But it did not completely resolve the problems.The dissertation is categorized into five parts.The first part focuses on the basic theory of The Civil Retrial Item. The first chapter conducted a general introduction discusses the meaning of the civil retrial. It discusses through the analysis and comparisons of the Chinese and Foreign retrial procedures of civil retrial,categories the characteristics of the civil retrial in China into four types, namely:divided by cancel the appeal and reinstate the complaint; divided by the rights of retrial in the right system involved in other times; divide by the substantive and procedural retrial; and to the referee about the subject that is not legal, unlawful and in violation of the referee based on the division of legal procedures.The second chapter of the civil retrial sets scales of reconsiderations. Retrial set different values embodied in balance, studies the essential characteristics of retrial, and characterizes the functions of retrial. The third chapter introduces and researches in the evolutions of the extraterritorial retrial, describes the origins and developments in various countries including Germany, Austria, France, Japan and the countries of the civil legal system. It sets and summarizes the developments of the law; referee errors on the common law in general introduction of the relief system. The fourth chapter is a research on the legislative changes of the civil retrial.In the fifth chapter, the paper gives critical thinking of the current legislation retrial of the overall evaluation of the Civil Procedure Law of2012, modified for scientific configuration courts; prosecutors start the retrial of the subject matter,"Civil Procedure Law ". The first, second and sixth sections of the200Article in the retrial are reflections and proposed amendments. In addition, the paper conducted a preliminary discussion to the increase of stating different co-contracting retrial.