A Study On The System Of New Evidence For Civil Retrial

The civil retrial procedure is an important component of the civil procedures in our country. There are three ways to initiate a civil retrial procedure. The first one is for the party to apply for retrial. The second one is for the procurator to protest against a verdict and request retrial. The third one is for the court to start retrial in accordance with its power. As far as the main cause for applying in each of the three ways, it is provided that there shall be "new evidence to overthrow the previous rule or verdict". The concept of "new evidence for retrial" has been recognized in the system of evidence rules of civil litigation in our country. In the mechanism to start retrial, the explicit and detailed regulation of "new evidence" is vital to the realization of the value of retrial procedures. A broadening recognition and control of "new evidence" would result in the abuse of the civil retrial procedure, which is supposed to be a procedure of special remedy. It would also affect the res judicata. While a strict recognition and control of "new evidence" would make it unable to correct the wrong decisions in time. Therefore, it is necessary for us to continually improve the legislation so as to make the recognition and utilization of "new evidence" as a cause of civil retrial more explicit. Only in this way can we define both the scope of the rights for the party to apply for retrial and the scope of cases for the procurator to protest against. At present, there are still some problems existing in the regulation of new evidence for civil retrial in China, which makes it impossible to meet the demand of judiciary practice of civil retrial. Thus, it is extremely important to establish a reasonable, effective and improved system of new evidence for civil retrial in the procedure of civil retrial. The thesis starts from the concept and features of the new evidence for civil retrial, analyzes the current situation of its legislation and application. Based on this, the author puts forward some suggestions on how to further improve the system of new evidence for civil retrial in our country.