On "New Evidence" In Civil Retrial

If the subject matter of civil retrial is the key to open the civil retrial procedure,the "new evidence" is one of the key keys.This key determines not only the outcome of a lawsuit,but also when a lawsuit will cease.With the continuous development of the rule of law,the civil procedure law has been revised several times,"new evidence" is the same as the subject matter of the retrial,and has become one of the prosecutor’s office protest,its importance can not be denied.However,it can not be avoided that "new evidence" is also the most controversial among the many retrials.Despite the provisions of the law and the relevant judicial interpretations,the concept remains ambiguous and there are considerable contradictions and conflicts between the articles.Therefore,it has also caused controversy and discussion in the academic circles,the practical approaches to the different,to the work of judges a lot of inconvenience,but also easy to cause dissatisfaction of the parties.How to determine the "new evidence" of the retrial is not only related to the number of the retrial cases,but also relates to the procedural stability and judicial authority.It can be seen that the reexamination of "new evidence" is worth exploring,the author tends to reexamine "new evidence" from a more rigorous direction to reflect the need to deepen the reform of the Judiciary with the times.This paper discusses the concept and characteristics of the new evidence,analyzes the application and problems of the present situation of the legislative judicature,and examines the relevant adjudicative documents of the Supreme People’s Court,and improves the new evidence system by combining the factors of the extraterritorial law,the new evidence itself and other relevant legal systems:The first part summarizes the concept and characteristics of the new evidence of retrial,and has a preliminary understanding of the new evidence of retrial,and the existence of new evidence is also the result of the value game of law.The second part discusses that retrial new evidence and application status,analysis of conflict between law and practice to bring,such as emerging evidence,"sufficient","standard understanding,overthrow" and other retrial boundaries.Presents the cause of the problem and study the "new evidence" for retrial the legislative and judicial significance.The third part,combing the relevant system of the new evidence of the extraterritorial reexamination,the legal system of the United Kingdom and the United States of America on the reexamination and the "new evidence" provisions are both simple and strict;Civil lawcountries have strict requirements for the start of retrial procedure,"new evidence" has been greatly regulated.This paper studies and explores the subject of the new evidence in Germany,France,Nippon and other countries but does not act as a direct retrial,the kind of new evidence,and the subject of the new evidence.The fourth part combining the reality of our country,put forward to the retrial "new evidence" scientific definition of extraterritorial retrial of the "new evidence" of the subject and type of evidence is limited,and with the relevant system,such as the judge interpretation,burden of proof losing right,etc.,reasonable operation guarantee of retrial "new the evidence system,eliminate the confusion of the retrial that the" new evidence "in practice.