Research On The Civil Rereial In Retrial Procedure

According to the provisions of the Civil Procedure Law in our country,retrial has no own applicable procedure.It applies the procedure of first or second instance in accordance with the original effective judgment or ruling written by the court of first or second instance.As a referee method of retrial,the retrial in retrial procedure also lacks of independent system designed by its own characteristics.It has exposed a lot of problems in practical operation.On the one hand,the vague standard of retrial causes excessive judge discretion,and the retrial in retrial procedure is abused.On the other hand,the retrial in retrial procedure applies the related provisions of the retrial in second procedure.The trial procedure applies the ordinary procedure of first instance.The different understanding of its nature leads to divergences and disunity on trial practice.This article attempts to analyze the problems and reason in the judicial practice through the survey of the related theory,combined with survey data and judicial cases.Then put forward suggestion to solve the problems.This paper consists of the following three parts:The first chapter is the function orientation.This part introduces the concept of the retrial in retrial procedure and the difference with the retrial in second procedure,and analyzes the legal basis.The second chapter is the present situation.This part introduces the current legislation of our country and analyzes the problems and reasons in judicial practice combined with survey data and the trial cases.The third chapter is system consummation.This part redefines the nature of the retrial in retrial procedure and learn from the extraterritorial practices.Then illuminates system consummation.