Practical Examination And Path Exploration Of Returning Civil Procedure To Retrial

The purpose of our civil retrial system is to urge the people's court of first instance to exercise its jurisdiction according to law,so as to ensure the interests of the parties at the trial level.However,the relevant legal norms lack clear and specific provisions on the application of the civil retrial system,the parties' right to choose and other issues;there are also different theoretical understandings on the cause of civil retrial and the content of the retrial ruling.Obviously,to clarify the specific scope of retrial cases,we should focus on the exploration of the validity of the original trial procedure,but our country has not made clear provisions on the legislation of this issue,and there is little in-depth study on this issue in the academic circles.As a result,in judicial practice,the judgment of the scope of retrial is different,and the retrial system has been abused for a time.Although the function of the civil retrial retrial system is controversial in the academic circles,it plays an important role in correcting the errors of the first instance,especially the procedural errors of the first instance.In order to improve the civil retrial system,we should take into account the interests of the litigant at the trial level and the stability and efficiency of the proceedings.Based on the basic system spirit of the second instance final trial system,we should construct a fair,effective and correct function distribution mechanism of the first and second instance procedures.In addition,the scope of retrial also needs to be tailored to local conditions.We should strive to maintain the effectiveness of the original trial on the premise of correcting the errors in the original trial procedure and remedying the loopholes in the procedure.The reasons for the retrial of a case should be treated concretely.