The Reconstruction On Initiating The Civil Retrial Procedure In Our Country

If the judicial process is to provide justice, retrial is to use the criterion of justicehas determined the referee for the final test to correct the criterion of the refereedeviating justice through this process.Civil retrial plays a vital role in the field of ourcountry civil procedure law.Because it is the only channel for the right remedythrough the judicial means,due to the particularity of the program.It is that the caseof the parties start retrial procedure to remove the original wrong judgment in order torealize their reasonable interests of litigation.And the people’s court andprocuratorial organ initiate retrial procedure is to maintain fairness and justice of lawand safeguard the normal order of the society.Provisions of the civil procedure lawthe main bodies of civil retrial cases are the parties,the people’s procuratorialand court organ. The parties want to start retrial must first apply for a retrial.Whilethe retrial application right of the parties did not transfer to the retrial litigation, thejudicial organs start retrial almost unlimited.There are many defects in the system.Due to the defects of the system design, legislative and judicial departments haven’tachieved the expected effect in the recent years. So this paper has the discussion ofstatus quo of the main body in order to promote the present retrial system reform.In addition to exordium and epilogue, this article is divided into the followingfive parts.Part I describes the system about the beginning of the civil retrial procedure.Thesection mainly talk about the historical origin, basic concepts and legal basis of retrialprocedure.PartII The foreign civil procedure systems are introduced. It mainly examinesthe major country in the world about the rules of the retrial startup and makes effortsto be used for reference in perfecting our country retrial system.PartIII summarizes the problems existing in the current retrial system on eachstartup subject. Public power launches a retrial procedure almost unlimited, squeezingout space of the rights of the parties. The parties are in a subordinate position in theface of their rights.PartIV.The author puts forward his own idea about improving the system of civilretrial procedure to start the subject. First, we must change past litigation mode and correct old guiding ideology. Under the correct direction,we can form a reasonablesystem. In the same way, a reasonable system can effectively solve the practicalproblems in operation of the law.Second, in terms of system, it is to strengthen the parties’ retrial litigation, tolimit people’s procuratorial organ to start retrial and cancel the decision of the courtin accordance with the authority of retrial.