Research On The Principle Of One Application For Retrial Procuratorial Supervision

The civil procedure law in 2012 further expands and improves the retrial system of procuratorial supervision,among which the second paragraph of article 209 imposes restriction on the number of applications.This conforms to the principle of litigation economy,saves the limited judicial resources,maintains the judicial authority,and ensures the stability of effective judgements.However,the principle of one application for retrial procuratorial supervision also stop the parties from seeking relief under some special circumstances at the same time,which is not beneficial to correct wrong cases and to realize the judicial justice.Therefore,in order to realize the original intention of legislation,objective and restrictive interpretation should be used to explain the second paragraph of article 209,and the reasons to apply for retrial procuratorial supervision should be defined.In the meantime,cooperated with the measures to improve judicial work,the right to apply for retrial procuratorial supervision will play a effective role.This thesis is divided into three chapters.The first chapter briefly introduces the legislative background of the principle of one application for retrial procuratorial supervision,and make positive analyses on it.The theory of litigation object and essential factors are used to make legal analyses on the applicable conditions of the principle of one application for retrial procuratorial supervision from different angles on the basis of studying the nature and meaning of the right to apply for retrial procuratorial supervision.The second chapter makes analyses on the functional defect of the principle of one application according to relevant data,and explores the correct understanding and application of the principle on the basis of finding the correct problems of it.The third chapter proposes the principle of modification and the schemes for the second paragraph of article 209.Not only the objective and restrictive interpretation but also the definition of the reasons to apply for retrial procuratorial supervision is to broaden the channels of relief for the parties.What's more,seeking countermeasures to realize the the principle of one application for retrial procuratorial supervision from correlative judicial work.There are many studies on the system of application for procuratorial supervision from the revision of civil procedure law in 2012 to this day.However,most of these studies research from the macro level.Only a few studies focus on the rationality of the principle of one application for retrial procuratorial supervision,and one of the few studies almost recognize its rationality.Therefore,in order to improve the system of retrial procuratorial supervision and realize judicial justice,this thesis use data from empirical investigation to research from the details of relevant regulations,and solve the problems after excavating them.