Research On Civil Repatriation System

The remanding retrial is an important system in the civil litigation, which is conducive to ensure judicial justice and improve judicial efficiency and realize the trial power of supervision and restriction between the inferior court and the superior court. However, during the long-term judicial practice, our country civil remanding retrial system still exist many prominent problems, the lack of the necessary restriction to the power of remanding retrial, the phenomenon of “emphasize entity, neglect procedure” is still existing, neglecting the parties right of choosing procedure and the trial being too formal after remanding retrial. In 2013 the new “Civil Procedure Law” amends the remanding retrial, which has positive aspect and negative aspect. The relevant provisions of the two legal systems and Taiwan all have its own characteristics, which play a very important role in perfecting the remanding retrial. The thesis based on the value of the remanding retrial, introducing the relevant provisions of our country and foreign systems, analyzing based on the problems of our country practice, putting forward suggestions about definition the guiding principles of the remanding retrial, perfecting the relevant legislation of the remanding retrial and the supervision and coordination mechanism of the remanding retrial.