The Study On Civil Retrial Causes

Civil retrial procedure, with the characteristics of redress and complement, isdifferent from the procedure of first and second instance, aiming to retry effectivejudgment. Retrial procedure is a challenge to the judicial authority and the stability ofsocial and economic relation, therefore the causes of retrial ought to be very objective,independent and rigorous. Civil retrial causes, as the key to retrial procedure,determine whether the rights damaged by the effective judgment could be remedied,and whether the fault in that judgment could be corrected. In the judicial practice ofcivil retrial, the improvement of retrial causes can play an important role in solvingthe conflicts between the lack of approach to retrial and the endless retrial, andbalancing the shortage and the waste of judicial resources.Legislative history has seen a progress in civil retrial causes, from abstraction tospecification. In2012, National People’s Congress Standing Committee passed thesecond amendment for Civil Procedure Law, and in2015the Supreme Courtannounced the judicial interpretation of Civil Procedure Law, which further improvedthe civil retrial system. Throughout the history of regulations of retrial causes, currentlegislation and judicial interpretation have made the retrial causes met most of therequirements in the judicial practice. But in the theoretical and practical level, theprovisions of the causes still have many problems that hinder the reform of retrialsystem: one is the excessively wide range of causes of retrial initiated by the courtand procuratorate, the other is the legal loopholes of the causes of retrial applied bylitigants. Therefore, it is significant to develop the civil retrial causes by introducingits history of legislation, analyzing the unsettled disputes of its current provisions, andabsorbing its advanced legislative experience from foreign countries.By analyzing the civil retrial procedures and retrial causes in some typicalcountries under continental legal system, it can be easily found that civil retrial inmost countries can only be initiated by the application of litigants who have to abideby some restrictions. Most countries pay more attention to the adjective retrial causes and every cause has been listed in a strict and specific way. Those experiences couldbe used for the reform of our retrial causes.The legislative design of civil retrial causes should not only offer the litigantsufficient opportunities to perform the right to remedy damages, but also restrict theabusing of application right; and the design should make sure the fault of effectivejudgment could be corrected and the correct decision will not be upset. Therefore, thelegislative principle should balance the value of justice, order and efficiency. Toimprove civil retrial causes, it is necessary to limit the range of the causes of retrialinitiated by court and procuratorate, define the vague expression of the causes byapplication, and create more causes in respond to the needs of retrial practice. Onlyby doing this can the retrial procedure protects the litigants’ right, maintains thestability of effective judgment, and relieves the judicial contradictions in retrialpractice, which will lead to realizing the retrial’s purpose of achieving the judicialjustice, safeguarding the judicial authority and ensure the judicial efficiency.