The Research On The Initiated Mechanism Of China’s Civil Review Procedure

Since the beginning of the 21^st century,academic research on retrial procedure has entered the Golden Age,which has indeed played a decisive role on the modification of our Civil Procedural Law.Although the initiated mechanism of civil review procedure has been relatively well-developed after the Civil Procedure Law was amended in 2007 and 2012,it is still criticized by the academia due to its strong authority and complex diversity,and there are still many problems in the actual judicial operation.The paper starts from the application of retrial by the party and the outsider,and the initiation of retrial by the court and the procuratorate,around the retrial procedure of the subjects and civil retrial causes,to analyze the problems of the initiation mechanism of civil retrial procedure in China one by one.For example,the parties apply for retrial with the abuse of prosecution,or the outsider applying for the retrial and the suit of the third party discharging the judgment become concurrent,or the court and procuratorate acting on its authority to initiate a retrial infringe the party’s right of disposition.Therefore,the paper will focus on the above issues from the point of the view of putting forward,analyzing and solving problems,to put forward ideas for construction and improvement of the initiated mechanism of civil review procedure.The paper is divided into five chapters:Chapter one is the introduction which introduces the research background and significance of the initiation mechanism of retrial procedure,the research status and results at home and abroad,the research technique,the innovation and deficiency of the paper.Chapter two introduces the basic theory of civil retrial procedure which expounds the related concepts of civil retrial procedure,the principles of complementarity and importance,the functions of error-correcting and relief,the restrictions between procedural stability and functions.Chapter three introduces the status quo of the initiation mechanism of retrial procedure from three aspects:the development of our civil retrial system,the diversification and authority of the retrial initiation procedure,the more retrial cases that is the investigation of the history and present situation of our civil retrial procedure.Chapter four analyzes so many problems existing in the initiation mechanism of civil retrial procedure in China.After analyzing the development and present situation of the initiation mechanism of civil retrial procedure in China,combining the basic theory of civil retrial procedure and judicial practice,chapter 4 analyzes the problems existing in the initiation mechanism of civil retrial procedure in China from four aspects:the party and the outsider applying for retrial,the court initiating the retrial according to its authority,and the procuratorate initiating the retrial by procuratorial suggestion or protest.Chapter five is the thought on perfecting the initiation mechanism of civil retrial procedure in China,which is based on chapter three,the the status quo,and chapter four the problems existing in the initiation mechanism of civil retrial procedure in China.Clarify the retrial hearing system,establish the system of accepting fees for retrial cases and complete the article 200（13）of Civil Procedure Law more logical rigor to safeguard and standardize the civil retrial procedure in which the parties apply for the retrial is primary.For solving the problem of the concurrence between the application for retrial by the outsider and the cancellation by the third party,it is necessary to improve the scope and conditions for the outsider to apply for retrial.The causes of the retrial procedure initiated by the court and the procuratorate should be limited to the scope of the social and public interests of the state rather than simply banning the court and the procuratorate from starting retrial procedure on their authorities,so that the court and procuratorate can not only play the function of correction and relief of retrial procedure,but also respect the disposition right of the parties to the greatest extent.