As the basis of retrial procedure,the main body of civil retrial procedure is crucial to the perfection and optimization of retrial procedure.This article through to start retrial procedure subject to empirical analysis,found that the current civil retrial procedure in our country there are a series of problems,such as the Protest of procuratorate the large number of cases to start,the court random starting the retrial procedure,the parties apply for retrial starting at random for low applicable rate problems.From the Angle of legislation,analysis of the main causes of these problems include the procuratorate protest for scope is too broad,court retrial reason legislative boundaries are not clear,the parties apply for procedural justice and substantive justice imbalance,and so on.According to the relevant data of retrial,this paper puts forward the legislative scientific proposal of retrial start. |