The New Evidence Identification Of Civil Retrial Procedure In Our Country

The ‘new evidence' is an important reason to initiate the civil retrial procedure.However,due to the complex actual situation,the identification of ‘new evidence' gets more confusing to judicial practice and academic circles.The paper first presents the practical issues of new evidence for retrial in China.In accordance with the time sequence,a systematic review and analysis of relevant laws and regulations in our country is in place,so as to have a clearer understanding of the legislation status quo of new evidence in China at this stage.On the other hand,from the perspective of the time for the formation of new evidence for retrial,the types of new evidence,the degree of non-accountability,the degree of overturn,and whether the case can be dealt with separately,the disputes of various aspects and the pros and cons of different points of view are discussed.On the basis of comparative analysis,the paper puts forward some suggestions for the improvement of the identification of new evidence of retrial,including strengthening the clarification obligation of the judges,correctly doing with the relationship about the time limit for proof,proof-right-losing and the new evidence,safeguarding the benefits of both parties,balancing and improving the period for proposing new evidence for retrial and the legal consequences of delay proofs,so as to provide some references for solving practical problems.