Study On The Causes For Starting The Civil Retrial

The civil retrial system, being an important part of the procedures of civil litigation, belongs to the very procedure of remedy in civil litigation. Its design and application are far more complex than that of the civil procedures of both first instance and second instance. The guiding ideology of the legislation on civil retrial of our country has been greatly changed with the Civil Procedural Law firstly revised in 2007, the Civil Procedural Law secondly revised in 2012, and the Judicial Interpretations on the Civil Procedural Law issued in 2015. The causes for starting a civil retrial have undergone a complex process in China, which is a process of changing from seeking the truth from facts and correcting the mistake whenever discovered in the past to correcting the mistake by law and correcting the mistake limitedly at present. On the Fourth Plenary Session of the Eighteenth Congress of the Communist Party of China, the Central Committee of the Party determined quickening the pace of governing the country by law as an important strategic plan and made the specific requirements for the reform on judicial system more explicit. The pace of the reform has been advancing and has brought about a striking effect. Although the civil retrial procedure and the causes for civil retrial have been greatly improved, there is still a long way to our goal and further modification and improvement are essential. This thesis introduces the legislation and the results of theoretical research on the causes for starting civil retrial of foreign countries. Then it analyzes the legislation, judicial practice of the causes for starting civil retrial and the important concepts of current judicial reform in our country. Then it expounds the deficiencies of the system in our country and puts forward several suggestions on improving the system of the causes for starting civil retrial, hoping to be beneficial to the improvement of the system in our country.