An Empirical Study Of Civil Retrial Review Procedure

The civil retrial review procedure is an important part of the trial supervision procedure.It plays a very important role in realizing individual justice,maintaining judicial credibility,strengthening the quality of trial supervision,and protecting the legitimate rights and interests of the parties.However,there are not many studies on the civil retrial review procedure,and some studies have certain lags.It is difficult to promote the civil retrial review work to adapt to the new changes in the current judicial environment.According to the analysis of judicial trial data of the civil retrial review cases of the third level people's courts of H Province from 2014 to 2018,there are many situations in the current civil retrial review procedure,such as: the number of cases is large,the number of accepted cases is not balanced,the contradiction of cases are transferred to the higher court,the high rate of retrials with low rate of change,and the type of cases is centralized,etc.In order to effectively resolve many conflicts in judicial practice,for instance,the conflict between the number of cases and the number of case-handling staff,the conflict between the case correction and the maintenance of judicial Judgment,the conflict between the high rate of retrial and the low rate of change,the conflict between the work burden of higher courts and the lack of judicial trial guidance,the conflicts judicial review standards and the consistent judgments to similar cases,the conflict between the abuse of retrial power and the tightness of judicial resources allocation,the conflict between the review quality and efficiency and new expectations for judicial trial.Further standardizing the operation of the civil retrial review procedure has become a very urgent task in judicial practice.In combination with the practice of judicial operation,we can start from the following seven levels to standardize the operation of the civil retrial review procedure and improve the judicial quality effectively.Clearly review the working principles,improve the rules of review procedures;strengthen the review function,refine the reasons for applying for retrial;standardize the review work procedures,unify the review of discretion criteria;establish a review and approval mechanism to improve the quality of the judicial review;improve the simplified and complicated cases diversion system,improve the efficiency of the review;Re-examine the charging system,optimize judicial resource allocation;strengthen the inspection team's guarantee and enhance the review ability.Therefore,to maximize the civil retrial review process to play its due value and function,and better protect the legitimate rights and interests of the people.