A Study On The Problems In The Civil Retrial Review Procedure

The civil retrial procedure is an extremely important system in our country,its main function is to correct the mistake of the original trial decision,the retrial procedure is divided into the retrial review procedure and the retrial trial procedure,this article mainly narrates the civil retrial review procedure.The civil retrial review procedure is the threshold to enter the civil retrial procedure,which determines whether the case applied by the parties can enter the trial procedure or not,which has a great influence on the adjudication's res judicata,and coordinates the stability and substantive justice of the balanced procedure.In spite of the continuous improvement of the review procedure,through the analysis based on the data of a high court,it is found that there are still some problems in the current review procedure: the application for retrial The regulation is not clear;the time limit of retrial review procedure is not effectively complied with;the separation from trial causes waste of judicial resources;the organization and mode of retrial review are not uniform;and the parties abuse the right to apply for retrial.The above problems lead to the failure of the retrial review procedure to achieve the purpose of legislation,hindering the smooth implementation of the retrial system.Based on this,this paper puts forward several suggestions: first,clearly prescribing the subject matter of retrial application;Second,we should standardize the period of retrial review,formulate the punishment system,and improve the comprehensive quality of judges;thirdly,the procedure of "review" and "trial" should be integrated;fourthly,the mode of retrial review should be determined;fifth,the system of pre-charging for retrial should be established.