New Evidence In The Civil Re-trial In China

Civil retrial reason is a key to the civil retrial procedure and the new evidence isone of the important reason for retrial. But the rule of new evidence in our country’scivil procedure law and relevant judicial interpretation has contradiction and conflict.There are many drawbacks in the judicial practice, too. To limit the new evidence is aworld legislation trend. In terms of retrial new evidence, there is no specific provisionabout how to apply in the Civil Procedure Law and it is only reflected in the judicialinterpretation, but also has the problem of incomplete, that is the new evidence did notplay its role in the retrial. So, completing the rules of new evidence and forming acomplete set of system is necessary to make the new evidence play its effectiveness.The thesis first makes analysis of the status of the new evidence, states the differencesof new evidence among first instance, second instance and third instance,generalizesthe concept of new evidence in the civil retrial, introduces relevant regulations of newevidence in civil retrial process, and describes the value orientation of new evidencein civil retrial. Then the thesis analyses new evidence in the civil re-trial ofcontinental law system, the author of the thesis discovers that the application of newevidence is not excluded in different countries and regions. But due to the differencesof trial modes lawsuit ideas and law traditions, the manifestations are not the same. Inthe end, manifestations are not the same. In the end, the author points out the existingproblems of new evidence during retrial process，and puts forward her opinions aboutimproving the systems of retrial evidence in the area of elements and recognizedstandards of re-determining civil retrial evidence, which makes new evidence rulegive play to its due role.