Research On Chinese Civil Retrial

Civil retrial procedure,as a complementary and special relief of procedure,is the last line of defense of judicial justice.It's Start-up is strictly limited.Civil retrial causes,as the foundation and reason for investigating and judging whether or not to start civil retrial precedure,is called vividly the key to retrial procedure by scholars.The legislation of civil retrial causes in our country which has been adapted several times is more in line with the regularities and requirements of judicial practice,and has certain progressn compared to before.But,by In-depth analysis,we can find that there are still many shortcomings the in th legislation of civil retrial causes:one is that some expressions of the causes of retrial applied by litigants are too vague,the other is the excessively wide range of causes of retrial initiated by the court and procuratorate.Stating with value ideas and legislative evolution of civil retrial causes,on the base of reviewing and analyzing the foreign civil retrial causes,absorbing advanced experiences from abroad,combining current legislation and practice of our country,this paper analyses the rationalities and deficiencies in our current legislative,andputs forward some suggestions of improvementThe text falls into four parts:The first part is the introduction to theoretical basis of civil retrial causes.It elaborates that the value orientation of the civil retrial procedure is to seek the balance between the three parties of justice,order and efficiency.It also expounds the relationship between the function of the retrial cause and the adjudged force,and the value balance between retrial cause and the adjudged force.The second part is the analysis and exploration of foreign civil retrial cause.It lists the countries of Germany,Japan,France,Austria and other countries of the civil law on Retrial causes of legislation,and introduces the wrong remedy system of the United Kingdom and the United States the wrong remedy system,and then summarize the rules and characteristics.The third part is the reviews and analysis of the legislation of civil retrial cause in China.It studies on the evolution of the legislation of civil retrial cause in China,and points out the progress,such as that lists and statements are more specific.It also lists the remaining deficiencies,such as that the range of procuratorate retrial and retrial parties apply is the same.The fourth part is on the basis of drawing lessons from foreign advanced legislation experience and combining with the characteristics of our country's legal system.In view of the problems existing in the current legislation of our country,it puts forward several proposals,from three aspects of court starting retrial,Procuratorate starting the retrial and the parties apply for Retrial.