Study On The Scope Of Civil Retrial Cases In China

The scope of the trial determines the scope of the parties' claims,on the other hand,it also determines the limits of the judicial power of the people's court "The Supreme People's Court on Several Issues concerning the application of "the people's Republic of China Civil Procedure Law>trial supervision procedure explanation "and the Supreme People's Court on the application of the" PRC Civil Procedure Law"interpretation of China's civil retrial jurisdiction made out provisions explicitly,has a strong guiding role in the judicial practice.But because of the location and nature of the civil retrial procedure,civil retrial procedure and different understanding of the concept and the value of the scale of retrial jurisdiction in the judicial practice is still not the same grasp.The provisions of the civil retrial hearing scope to a certain extent and the disposition principle,the principle of equality litigation conflicts.This paper aims to analyze the theoretical basis of retrial trial to determine the scope of the civil retrial jurisdiction summed up the problems in the practice,and puts forward some suggestions for improvement,in order to perfect legislation and guide the judicial practice,maintaining the procedure stability and has certain practical significance.In the first part of civil retrial summary trial scope.Starting from the meaning of civil retrial cases and retrial jurisdiction of the civil retrial procedure,civil,civil retrial procedure of civil retrial and the relationship between the trial scope defines the importance of retrial proceedings scope.The legal basis and principle of the second part of the civil retrial jurisdiction of the.China's current civil retrial trial to determine the scope of civil litigation and the legislative purpose of civil litigation,the theoretical basis,the design of the objective function of retrial.The establishment of civil retrial jurisdiction should follow the principle of disposition and the status of the parties the principle of equality.The third part of our civil retrial legislation and practice problems dealing with range analysis.According to the current law of our country to hear the similarities and characteristics of the scope of the provisions of the three kinds of retrial mode,combined with judicial practice,summed up China's current civil retrial problems and the provisions of the trial scope.The fourth part of other countries and regions on the scope of the trial of civil retrial matter.Starting from the countries (regions) of continental law system of civil retrial jurisdiction,according to the analysis of provisions of Germany,France,Japan and Taiwan region of China's civil retrial case scope,summarize the concept and principle of the common insist,on the civil retrial jurisdiction and constantly improve the significance to clarify.The fifth part is the perfection of the civil retrial jurisdiction suggestion In view of the problems in the practice of the third part of the civil retrial hearing,this paper puts forward the specific and actionable opinions and suggestions from the legislative and judicial level.Including some special cases or situations,appropriate to give the parties limited increase or modify the claim right;exclude the respondent retrial jurisdiction of the defense request;adhere to the limited error correction,maintain effective judgment of res judicata;explore the retrial startup mode reform.The provisions of the civil retrial jurisdiction can continue to improve,fully reflect the principle of disposition,and adapt to the judicial practice.