Research On The Remind System Of Civil Retrial Procedure

China's remind system of Civil Retrial procedure,as a special relief system in the special trial supervision procedure,bears the mission of correcting errors and guaranteeing the trial benefit of the parties.It also has the responsibility to maintain the procedural stability and the effect of res judicata.Thus,it is required that the retrial court must be cautious when sends back a case.Scientific,rigorous and clear legislative provisions can guarantee the good operation of the remind system from the source.Based on the function of the remind system,this paper summarizes the legislative evolution and explores the legislative trends.Combined with the research status,the paper uses big data statistical methods and discovers the tendency of the system to be abused in judicial practice.Then,the paper analyzes the reasons for this problem from the perspectives of the impact of the doctrine of function and power,legislative ambiguity,insufficient supervision,and so on.This paper finally puts forward suggestions for the improvement of the remind system from aspects of restricting the application of substantive reasons,clarifying the reasoning requirements for the retrial remind documents,establishing the binding force of the retrial remind documents and giving the parties the right to choose procedures.