The Research On The Necessity Of Reserving The Right Of Court To Start The Retrialand The Process Improvement

As a judicial apparatus,whether the court can start the retrial procedure is essential.It's not only related to the interests of the both parties in a lawsuit,but also of great significance to the judicial justice.In recent years,many scholars have advocated to cancel the right of the court to start the retrial,The reason is that starting the retrial by court violates the principle of no trial without complaint and the principle of the separation of prosecution and adjudication,contraries to the principle of adjudged force and the party disposition,increasing the burden on the parties' litigation.I think this method is under consideration,firstly,this approach does not take into account the special circumstances of our country and the guiding ideology of legislation.Just think,if cancel the court's right to start retrial procedure completely,then the problems that the parties can't find out,such as the erroneous law application,judge's bending the law for selfish,malicious prosecution,litigation fraud and cases involving national interests and social public interests,will neither be corrected norreceived a just trial through retrial procedure.Thus,at this stage of China's social development and judicial practice,it is blind to cancel the power of the court to start the retrial.In view of the disputes in the Civil Procedure Law,the author compares the differences between China and other major countries on the starting of the retrial procedure,and combined with the special judicial mode of our country,focusing on the necessity of retaining the court's power to start the retrial procedure.Restructuring power of the court to start the retrial procedure by attaching a series of conditions to restrict the power of the court,so as to achieve the rationalization of the court to start the retrial and safeguard the rights and interests of the parties and justice.