The Jurisprudence Analyzing To Start To The Program Of Civil Retrial By Protesting

The civil retrial is a relief system of effective error judgment to set up to ensure the justice of proceedings.Civil retrial system,as an integral part of the importance of the civil procedure law,is conducive to correct the court’s error referee and interests of justice.But, view from the civil retrial system legislation of existing,whether from concept to the specific design of the system,there are all with a strong inquisitorial color.Which deviate from the basic principles of civil litigation system to protect the right to dispose by the parties freely.In April2012,Supreme People’s Court following the December20last year released the first batch of guiding cases, released the second batch of guiding cases on this month. The Guiding case seven involving the retrial system construction of civil retrial,Procuratorate protest the scope of authority and the basis for, and the withdrawal of the case by the parties to exercise and Procuratorate protest and the withdrawal of the parties conflict resolution mechanisms.It made a clear answer on the the civil retrial practice exist many problems.2013the introduction of the Civil Procedure Law, But also to the area of civil litigation brought no small shock, In many aspects of major changes to the Civil Procedure Law, the area of civil litigation will have a significant impact. Throughout the whole the new law, but the provisions of the legislation in the field of civil retrial, there are still a lot of unreasonable. This article will focus on the combination of seven reflects the analysis of the problem of the guiding case.The overall structure of this article is divided into five parts:The first part analyzes the problem of the civil retrial in the field of the Supreme Court of guiding cases reflect the seven, Such as the the retrial system of legal provisions; if the Procuratorate in the retrial protest in positioning is reasonable; And withdrawal rights of the parties to exercise where the boundaries.The second part, Part III, Part IV, discussed from retrial system, Protest System, the the system legal basis of the withdrawal system, the legislative situation, problems and Solutions. Part V binding in its entirety and trying to figure out the balance of the inquisitorial and adversary in the Civil Retrial System.