Organization Game And Interest Balance

In2012, China’s "Civil Procedure Law" revised civil retrial system, tobring new changes. However, the new law has failed to effectively solve theold problems, but also brought new confusion. In view of this, this paper usescomparative, empirical method to discuss the problem, and points out how theorganization game of local court and intermediate court influnced thesystem of remanding jundgment, put forward to ensure returned valueorientation review reasonable restriction mechanism operation system, and toconstruct the back heavy trial restriction mechanism and puts forwardlegislative suggestions, with a view to on the system construction in Chinabenefit, in order to more effectively protect the legitimate rights of the parties.This paper is divided into five parts:The first part gives questions. Revised by two case leads to "CivilProcedure Law" failed to solve the old problem of the retrial system, but alsobrought new problems, proposed building a remand restriction mechanism ofthe relief way.The second part of the remand system empirical study. Set up thelegislative provisions, empirical summary problems of running system, andfrom the organization game point deeply these problems cause.The third part puts forward the construction of remand value positioningcontrol mechanism, principle of explanation mechanism constructionapproaches and measures. Construction of the fourth part of the idea of a retrial back restrictionmechanism, including the system structure and theoretical analysis.The fifth part puts forward the suggestion of legislation provisions.