Civil Retrial Matters

Retrial procedure of civil litigation in our country, is a major errors to correct, the effect of the referee and establish special relief procedure is different from the criminal procedure. And civil retrial reason is the key to open the door of the retrial, the parties and the court to ensure effective the referee will not be easily overthrow of the relief valve. The design of the civil retrial system should be in the maintenance of stability and correct the big mistake the referee balance in accordance with the law, and one of the most effective measure is to make a retrial reason, objectification, clarity, through legislation gives effect to the parties and law enforcers are judged as a judge whether there is a big mistake. This article is divided into five parts, the first chapter from the concept and function of civil retrial reason, analyzed set up civil retrial reason should follow maintenance, retrial of res judicata is complementary and three principles with unified entity justice and procedure justice. The second chapter applies the method of comparative law, from Germany, Japan, France and China's Taiwan region the civil law countries and regions such as the provisions of the civil retrial reason, it is concluded that emphasis on retrial of complementary, strictly limited retrial reason, generally will conflict with the same referee for retrial reason and so on. The third chapter analyzes the nearly 20 years of civil retrial reason of the provisions of the legislation evolution and commenting. The fourth chapter from the Angle of practice, analyzes the current system of civil retrial reason related problems that exist in the operation process, such as basic fact that a lack of evidence to prove that reason is too broad, lack of operability;Lack of connection with different sentence, obvious inappropriateness of distribution of evidential burden and the corresponding . retrial reason;Existing in the practice of the parties apply for establish a review of the case, too much proportion is low, the abuse of right to apply for retrial retrial case severe phenomenon, a large number of cases should not be the result of problems remain to be further restricted retrial reason.Fifth chapter from limit the court and procuratorial supervision and raising retrial according to the power of reason, refined, main content of the basic fact that a lack of evidence to prove that, increase the burden of proof allocation and conflict between the referee and retrial reason to suggest perfect the system of retrial reason in our country.