An Empirical Study On The Retrial System Of Civil Second Instance

As an important part of the civil trial procedure,the retrial system of the second instance is the concentrated embodiment of the principle of the final trial of the second instance,which carries the important mission of procedural justice and substantive justice.Through in-depth judicial practice,a large number of civil second instance remand cases are studied,and many problems are found in the trial activities of the remand system of civil second instance in China.For example,there are differences in the judgment standards between the court of first instance and the court of second instance in the fact determination and procedure application of the same case,and when the court of second instance remands the case to the court of first instance for retrial and repeats the original judgment The court of second instance sent back the case of second instance that should have been maintained according to law to the original judgment to determine the basic facts unclear,which seriously damaged the trial level interests and legitimate rights and interests of the parties,prolonged the litigation cycle of the parties and wasted judicial resources.Therefore,based on the problems existing in the retrial cases of civil second instance in judicial practice,the author intends to modify and improve the retrial system of civil second instance in order to protect the legitimate rights and interests of the parties,safeguard the procedural justice and substantive justice.This paper uses the method of empirical research,through in-depth judicial practice,to check the court case trial management system,and on the basis of studying a large number of civil second instance remand cases,selects three typical cases.Through the comprehensive research and analysis of the case facts,the first trial decision,the second trial decision and the retrial decision of typical cases,the paper summarizes the controversial points in the case,and then uses the methods of theoretical analysis,normative analysis and cause analysis to analyze the legal theory of the controversial points,deeply analyzes the specific causes of the formation of the controversial points,so as to put forward pertinence and operability Suggestions.Through the legal analysis of the dispute points summarized in typical cases,this paper holds that the system of remand of civil second instance in China should be amended and improved to strengthen the norms and guidance of judicial practice.The specific suggestions include: first of all,it is suggested to establish the legislative principle of "prudent remand" and clarify the legislative purpose and legislative purpose of the remand system of civil second instance;second,it is necessary to establish a system supervision mechanism to ensure the standardized exercise of the remand right;third,it is suggested to add a judicial interpretation of "the basic facts are not clear",and whether the court of first and second instance has the value analysis standard It is the same as the judgment standard of whether the case of second instance should be remanded for retrial.Then,in view of the too simple reasoning of the decision of civil second instance remand for retrial,this paper proposes that the internal guidance letter should be completely cancelled and the reasoning of judgment documents should be strengthened comprehensively.Finally,it is suggested that the trial scope of the retrial case of first instance court and the trial group of the appeal case after remand for retrial be modified Relevant regulations on weaving.