Research On Remand For Retrial In Civil Second Instance Procedure

Remand for retrial in civil second instance procedure as the main method of the court of second instance in the civil litigation to correct the judgment of the court of first instance,embodying the function of supervision between the court of second instance and the court of first instance,and at the same time has the important value to safeguard the interests of the parties and the interests of the entity.The efficient and smooth operation of the system is not only about the realization of procedural justice,but also about the realization of substantive justice.The Civil Procedure Law promulgated in 2012 has made various amendments to the provisions of the old Civil Procedure Law regarding the remand for retrial,such as: further defined the reasons for remanding and added provisions for the number of re-reviews.Etc.,which make the re-review system more perfect in the legislative provisions.In 2015,the Interpretation of the Civil Procedure Law promulgated by the Supreme Court also made a clearer and more specific authoritative interpretation of the remand for retrial system,for example,listed the specific circumstances of “serious violations of legal procedures”,and the re-examination procedure was defined as ordinary procedure,which enabled many ambiguous problems in judicial practice to be effectively resolved.However,with the development of society and the enhancement of people's legal awareness,the existing legislative provisions and the drawbacks of their judicial interpretation are gradually emerging,and new problems and challenges are constantly emerging in litigation practice.First,through the study of the civil repatriation system in Anglo-American legal system and the Civil law countries and regions,summed up the experience that is worth learning for China.Secondly,through the analysis of the status quo of the legislation and the status quo of the judiciary,it can be concluded that the imperfections in the legislation to repatriate the re-examination causes the judge to abuse the right to re-examine in practice,and the irrationality of the litigation cycle and the number of times makes the parties unable to get timely.Relief,lack of procedural options and supervision mechanisms make the second-instance re-review system unable to operate efficiently.Finally,through the summary and analysis of the problems existing in the operation,corresponding suggestions for improvement are proposed accordingly: redefining the reasons for rereview,shortening the litigation cycle and re-regulating the number of re-reviews,giving the parties the option to choose the procedure and limiting the discretion of the judge,establishing a monitoring and control mechanism for repatriation.The system of remand for retrial in civil second instance is an important litigation system concerning the relief of civil rights.Its reform and improvement is particularly urgent.It is imperative for the legislators and the judiciary to construct a scientific re-examination system.