Re-examine The Civil Retrial Retrial System

Remand for retrial as a way of closing a case, its existing problems are quite prominent. At present, in our country law or judicial interpretations, provisions in civil retrial retrial system are less,and the theoretical circles on retrial retrial system are few. During its practical process there have been serious problems. If this system is not properly used, will directly damage the court’s credibility.So this paper analyzed some of the problems in judicial practice,considerating retrial retrial under the framework of retrial procedure, and put forward suggestions for improvement of the system of retrial retrial.Besides the introduction and conclusion, the paper is divided into five parts as follows:The first chapter is a general overview of the civil retrial retrial system. From several cases puts forward the problems in the retrial retrial judgment, raises the concept of retrial retrial, which refers to that,the superior court,after its retrial of some case,cancels the judgement of the first instance trial and sents the case back to the original court for retrial. Then compares the concept of retrial retrial with criminal retrial, and summarizes the theoretical arguments and controversy about the retrial retrial system.The second chapter takes the retrial retrial practice of a certain court as example, analyzes the basic situation of retrial retrial and the problems existing in the judicial practice, and makes deep-going analysis on the reasons that cause confusions in the judicial practice.The third chapter discusses the nature and function of retrial retrial. When a retrial case was qualified as retrial retrial, its function should not be only of relief,but also of complementary and review. On this basis, established the basic principles of retrial retrial:the principle of combining error correction with maintenance of the judgement in effect,the principle of combining fair with efficiency, the principle of combining entity justice with procedure justice,and the principle of persuading parties to accept the judgment. The fourth chapter puts forward some suggestions to perfect the retrial retrial system. Emphasizes that strict limits must be put on the standard of the retrial retrial. And puts forward the author’s ideaabout the program design and the application of law of retrial retrial, makes clear that the program options should be given to the parties, set retrial retrial proceedings different from ordinary retrial case.The fifth chapter is to perfect the working mechanism of retrial retrial. Establish a mechanism of limited communication for retrial retrial. Establish requirements for the trial between the superior and the subordinate. Establish information feedback system of retrial retrial. Establish a mechanism to cohesion the letters from citizens.