Research On Relief System Of Incorrect Civil Ruling

Civil ruling,as a method of judge judgment in civil proceedings,is mainly used to solve procedural problems in the proceedings,and sometimes also to resolve non-final substantive issues.Due to the tradition of emphasizing substance and despising procedure in the rule of law in our country,it is generally believed that judges make rulings only to promote the development of procedures,and rulings are only tools or means for judges to make decisions,and lack independent value.As a result,our country’s theoretical and practical circles lack the necessary attention to civil rulings and their relief procedures.However,in fact,civil rulings have a significant impact on the entity’s substantive and procedural rights.Once the ruling is wrong,the parties’ rights may be seriously infringed.Therefore,it is necessary to fully study the procedure for the relief of civil ruling errors.The main content of this article is to analyze the shortcomings and deficiencies of China’s current civil ruling error relief procedures and propose reform plans.In addition to the abstract introduction and conclusion,this article is divided into the following four parts.The first part expounds our country’s civil ruling error relief procedure and its shortcomings.This part starts with the related concepts of the civil arbitration error relief procedure,and clarifies the difference between ruling,decision,order and other judgment methods.The meaning of the word "error" in the error relief procedure of civil ruling is limited to the scope of substantive error.Through the definition of these related concepts,the scope of the civil remedy error clarification process is clarified,including the arbitration review process,the arbitration appeal process and the arbitration retrial process.outer.And on this basis,it analyzes the shortcomings and deficiencies of various civil ruling relief procedures in China.The second part is a brief description of the necessity and methods of reforming the civil remedy procedure for wrong determination in China.On the basis of the deficiencies in various remedies procedures for civil rulings that have been clarified above,this section explains the necessity of reforming the wrong remedy procedures for civil rulings,and reviews the reform methods proposed by current scholars.On the shoulder,the author put forward his own reform plan.The program includes two aspects.On the one hand,the general remedy procedure for civil ruling in China should be unified based on the civilreconsideration procedure.By comparing the decision appeal procedure and the decision review procedure,the author believes that there is no essential difference in function and value between the two.Therefore,the reform of the civil ruling relief procedure should start with the reconsideration procedure,merge the civil ruling appeal procedure into the ruling review procedure,and refer to the foreign protest procedure to construct a general relief procedure for the wrong civil ruling in China.On the other hand,China’s current civil ruling retrial procedures should be reformed.Since the current civil ruling retrial procedure has deficiencies in the application object and the connection with the general relief procedure,it is necessary to make up for the deficiencies.The third part mainly discusses how to uniformly construct the general relief procedure of civil ruling in China.First of all,according to the different objects of civil ruling,the author divides civil ruling into substantive ruling and procedural ruling,and then subdivides procedural ruling into procedural pass ruling and procedural command ruling.According to the different types of rulings,the civil ruling review procedure is applied,and the application scope of the civil ruling review procedure is extended to all substantive rulings and procedural pass rulings.Regarding the substantive ruling,the parties and interested parties believe that there is an error and should apply to the people’s court that made the ruling for reconsideration.As for the determination of the procedure pass,the people’s court at the next higher level shall reconsider.Then,the author clarified the relevant procedural rules of the civil ruling reconsideration procedure,including the legal requirements for reconsideration application,the time for reconsideration,and the way in which the case is reviewed.The fourth part mainly discusses how to reform our country’s civil ruling retrial procedure.First,because the retrial procedure of civil rulings may be improperly restricted by judicial interpretation,the author determines the scope of application of civil rulings based on the types and effects of rulings and the necessity of retrial of civil rulings in judicial practice.Secondly,because the civil ruling retrial procedure is different from the judgment retrial procedure,the author makes clear the special features of the ruling retrial procedure.Finally,considering the insufficiency of the connection between the general relief procedure of civil rulings and the retrial procedure of civil rulings in China,it may cause the parties to abuse the right to apply for retrial,thereby undermining the stability of the procedure,wasting judicial resources,and affecting the authority of the court.It is necessary to establish the principle of sequential relief based on the supplementary features of the retrial procedure,and establish acivil ruling system for retrial failure.