Research For The Review Procedure Of The Cause Of Civil Retrial

The procedure of retrial is reviewed by the professional and substantiation of the retrial.If the case is in conformity with the retrial,the judgment shall be retried.If the case is not in conformity with the retrial,the application for retrial shall be rejected.It is the existence of the review procedure that guarantees the rigor of the retrial procedure and the stability of the original judgment.However,with the establishment of the registration system,the increasing number of cases and the improvement of the complexity of the cases,the original review system can not meet the requirements of high efficiency and specialization.Therefore,it is necessary to establish the independent review procedure to promote the specialization and independence of retrial review.Build independent retrial reason review process should first have a complete understanding of retrial reason review process,and study the nature of the review process and its purpose.Then,through the study of the extraterritorial law to review the procedure,understand the basic structure of the review process and absorb its advantages in the system structure.Finally,according to the existing system of our country and the law,it is necessary to set up a clear independent review system in line with China’s national conditions.For this purpose,the procedure of retrial was preliminarily introduced in chapter1 of this article,and it compared and distinguished from other similar systems such as retrial trial(i.e.review of retrial form),trial procedure and other similar systems,soas to clarify the uniqueness of the procedure for retrial.In the second chapter,introducing retrial reason review procedures of the civil law of Germany,Japan,Russia and the United States in Anglo-American law system provides experience for the establishment of follow-up system.In the third chapter,the author investigates and analyzes the existing problems of the three main types of censorship in China.Finally,based on the theory of the principle of speech,the subject of retrial and the theory of retrial,and the problems found in chapter 3,the relevant institutional ideas are put forward in chapter 4.The idea is in the retrial procedure is divided into three stages on the basis of building independent retrial reason review process,by a collegial panel as the main body,form of hearing examination,tribunals for organization on complaint,retrial reason review of retrieval and specialization.The construction of any system can not be "accomplished overnight",which requires a process of understanding,building,re-understanding and building.So is the review process.We must first enrich in theory to apply these ideas in practice to solve problems.More scholars and judges are needed to study this system and make better suggestions.The authors hope that through this article to attach importance to the retrial reason censorship,contribute to the building of our system of retrial reason and perfection of the procedure for trial supervision in our country.