Study On The Civil Retrial System Of China

Civil retrial system is what when the superior court finds the lower makes some mistakes in the entity or procedure hence the revocation of the original judgment and a new trial of original court. In China’s civil litigation system, civil retrial system occupies an important position. On the one hand, it is the manifestation of China’s two-tier trial principle, reflecting the concept of what the mistakes must be corrected whenever discovered. On the other hand, it is a useful method of supervision, guaranteeing the justice of entity and procedure, improving the efficiency of litigation and realizing the value of restriction function.In fact, the establishment of a legal system is to realize its legislative purpose, setting the standard and guiding people’s behavior in order to protect the exercise of rights and the performance of obligations effectively. Although the civil retrial system plays a significant role in China’s judicial practice, there exists a conflict between academic field and judicial practice that its value has been realized. After summarizing their opinions, it can be easily found that they have much in common, that is, although many legal modifications have been made, there are still many unreasonable problems in current civil retrial system, such as the ambiguity standard of sending back for retrial, the absence of rules about institution of time limitation, the simplification of retrial court, the lack of effective supervision and restriction mechanism and so on. Through analysis, it can be got a conclusion that there exist a lot of problems in restricting the exertion of function of the system, wasting judicial resources, or even injuring the interests of the parties. Therefore, it should be given more emphasis on existing problems so as to reform and perfect civil retrial system.Through studying the regulations about the retrial system in Anglo American law system and Continental law and other areas, it can be easily found although there is difference in the position of civil retrial system owing to their different legal proceedings, they have in common that their theoretical foundation is same. That is to say, they pay more attention to the application of the parties interests, positioning the retrial theoretical basis to protect the interests of the case-hearing level of the parties, hence the priority of the procedure option. Therefore, we can draw lessons from the experience of two legal systems or other areas to perfect China civil retrial system. Under the premise of the characteristics of civil litigation in our country, we should stick to the principles, the procedural justice and substantive justice balance between efficiency and justice and respect for the principle of disposition, to perfect China civil retrial system, making it more operable and more efficient. Simultaneously, in order to make up for the lack of legislation, we also need to consider issues related to its back, such as the solution of appeal, the application of new evidence and so on.