Public Interest Litigants Fitness Research On The Issue

Civil Retrial System is an important system in the civil legislation the retrial system bothneed to explore the theoretical level, but also need the level of judicial practice specific build.The retrial system should be positioned on the protection of the clients retrial appeal, harm thelegitimate rights and interests of the parties to correct errors referee. China retrial system isnot complete, on the one hand by the impact of the Soviet civil litigation mode, too strongemphasis on the retrial procedure error correction, color of the terms of reference ’, on theother hand ignore the protection of the the retrial the right to appeal the parties, errorcorrection concept instead of the protection of the right to appeal by the parties. Although theCivil Procedure Law of2007after modifications, the August2012amendment to the CivilProcedure Law still does not establish and improve the retrial system, but the procedure fortrial supervision as the the retrial system be build only confuse the two of the differencebetween highlights the current lack of legislation in the retrial concept, the urgency toestablish a complete retrial system. This paper focuses on the analysis of the retrial systemtheoretical basis, a reasonable set of Two Schools of retrial system, analysis of the existenceof significant deficiencies of the current retrial system, designed to build a complete retrialprocedures, the establishment of a retrial system suitable for China’s national conditions.This article discusses four chapters:The first chapter of the theoretical basis for analysis of the Civil Retrial System. First,the analysis of the meaning of the retrial, the comparison of the meaning of the meaning ofextraterritorial retrial procedure of retrial procedure. Secondly, the a retrial subject matter oflitigation. That scholars of the subject matter of litigation for retrial controversial includingone yuan discourse and binary discourse, and suggested that China’s retrial system take twoyuan discourse. Again, expand the demonstration, the relationship between the retrial and resjudicata analyze both existing conflict. Finally, the argument retrial appeal, pointed out thatthe the retrial the right to appeal is the basis of the retrial.The second Chapter of the civil retrial system of extraterritorial visits. First of all, thesystem of civil law civil retrial compare visits to Germany retrial system France retrial system,Japan retrial system, Retrial System of China’s Taiwan visit, mainly covers the the retrialstart-Elements, jurisdiction retrial retrial review the retrial proceedings and civil law countries are summarized in the the retrial system build on common ground. Secondly, theAnglo-American legal systems of defects referee relief comparison expedition, mainly theUnited States "re-hearing" and judgment relief remedy flaws referee inspection, summed upthe Anglo-American legal systems of defects referee relief in common. Finally, concluded thatthe extra-territorial the retrial system or relief program of significance in China.The third chapter,of the Civil Retrial System running status quo. On the one hand tointroduce the development of China’s retrial system context retrial system development after1949. Secondly, the current retrial system status. On the other hand the problems of ourcurrent retrial system, including the right to appeal and res judicata conflict retrial retrialsubject fuzziness exists retrial defect in the trial level, start the diversification of.The fourth part of the Civil Retrial reform and improvement. First, clear the retrial thestart main, prominent retrial filed by the parties, limit Procuratorate start retrial launchpermissions, and cancel the court to start the retrial start qualification. Second, build theretrial of the review process, the specific content including the establishment of thejurisdiction of the retrial, a reasonable deadline set for retrial, unified pleadings and courtreview period, a clear program review referee. Finally, build the retrial proceedings, includingexplicitly the jurisdiction of the Court retrial the trial period, a clear outcome of the trial.