On The Perfection Of Civil Review Procedure Of The Appeal At A Retrial In China

Retrial procedure,the procedure for trial supervision in Chinese academic circle is a general term for a doctrinal.The system of retrial is an important part of lawsuit system in our country.The parties applying for retrial is the ultimate way of the parties to seek the judicial relief.Retrial system involves procedure stability and entity justice value concept of two against each other.Retrial review process in a critical position of retrial channel "barrier",in addition to the function which can decide whether to start retrial,its more important judicial significance is by preventing unnecessary retrial application into the retrial proceedings in scale and coordination of two opposing judicial value.To be specific,the retrial process bear the retrial filtering,prevention,supervision,rights relief,conflict resolving multiple functions.To be specific,the retrial process bear the retrial filtering,prevention,supervision,rights relief,conflict resolving multiple functions.When the parties applies for retrial,after the court reviewed the application and then decides whether agrees the retrial or dismisses the retrial of the retrial of the review.The results of the review directly determine the success of the parties whether can review the application or not.The parties apply for retrial case and when they were adjudicated to enter the retrial trial stage.Therefore,the civil application for retrial review procedure is a critical procedure for determining whether the case is retrial.However,the author through the observation of judicial practice,found that the procedure still exists the following questions: when the department applies for retrial,the department is not clear;retrial application review period is useless;retrial review standard has confusion;review procedures opaque;review mode is not uniform;stage mediation of the main body and the effectiveness of unknown;retrial litigation costs caused by the phenomenon of frequent abuse.The existence of these problems,directly or indirectly weaken the retrial review procedures should have the function,in fact,also hindered the smooth operation of the system of retrial.It is undeniable that the law on the application of retrial procedures is too simple to lead to judicial practice there are many problems in the main source.Retrial of the prosecution in the judicial practice can not be implemented.This is not only the parties to apply for re-trial is difficult to be protected,but also makes abuse of litigation,torture,malicious action phenomenon frequently.In order to solve the existing problems,the retrial review program is run in a healthy way,and thecoordination between the res judicative maintenance and the error correction is realized.The author believes that,first of all,they should determine the correct principles of the review,that means limited principles,the principle of procedural law,the principle of openness.In addition,by explicitly reviewing the application department,clearly review the subject by reviewing the subject,clear the way of retrial review and specific review rules,and standardizing the examination period.At the same time,the author suggested that strengthening the retrial application of the litigation guidance system,the establishment of applications for retrial cases pre-charging system,smooth litigation and mediation of the convergence and the relevant supporting mechanisms.