On The Improvement Of Court Starting Retrial System

In order to correct the errors in the effective judgment,to provide relief and protection to the civil rights and interests,the Civil Procedure Law of our country stipulates the civil retrial system.In the present stage of China's judicial reform,judicial power has not yet achieved independence by institutional reasons,judicial environment and public awareness of the law and judge the overall quality and other constraints,and the objective facts for judgment and the case may not be completely consistent.The civil retrial system is to examine the effective judgment and correct the mistakes.In accordance with the relevant laws and regulations,China's civil retrial procedures set up three ways,each of which is based on different legal norms and legal procedures,and not the same as the basis for the start of the main body.In civil proceedings,the parties have a direct interest in judgment to the case,and the start of retrial procedure or not have a direct interest,and to ask for the application for retrial is its right for the wrong judgment.For some civil cases,the parties do not make a retrial application,the courts,and the procuratorate may intervene for the maintenance of public interest.Starting from the current situation of our country's judicial practice,our country is not suitable to copy the foreign practice,starting right by the parties to choose the exercise.In the ideal state can gradually weaken authority's active intervention on judgment,especially under the authority of a court to start the retrial procedure,and in the real state right should be on the retrial starting to give effective norms and not suitable for immediate abolition.As auxiliary and exception of the retrial procedure,retrial case under the jurisdiction of the court to retain the right to protection,public interest litigation rights and social relief,protection of the rights to apply for retrial,has practical significance.When the effective judgment has errors or defects,and as interest directly related parties do not know or even though the parties should know,but does not meet the statutory reason for retrial,or even filed a retrial petition,but the court dismissed the case by the court under the authority to start the retrial is left in an effective way for the parties to relieve the right.Found in much civil trial work,many errors in judgment will be linked to other cases or damage other citizens or organizations of civil rights by the court in accordance with the authority to start the retrial procedure can be a greater extent to safeguard the interests of the parties and the public interest.As an auxiliary and exception of the civil retrial procedure,the court must start the retrial procedure strictly in accordance with the needs of the public interest.The present provisions of the civil retrial procedure to apply for a retrial in the parties are specific and complete,but in the judicial organs,the exercise of public power intervention in civil retrial cases,especially under the authority of a court to start the retrial procedure there are many problems,which are easy to cause the legal and reasonable public retrial on the court's question,and damage the credibility of the judiciary.The starting of the civil retrial procedure is the core of the civil retrial system.Therefore,it is of practical significance to build and improve the system of civil retrial starting.The author suggests that based on absorbing and learning from foreign related legal theory and system,and China's judicial practice,starting from establishing a retrial led to the parties concept,stress the court of relief function,establishing a reporting system and vertical court self supervision system,standardize the retrial startup of the court in accordance with the give a clear authority to start the retrial,retrial review standard procedures and other aspects of constructing and perfecting the people's court to start the retrial system.