On The Scope Of Retrial Of Civil Ruling

The scope of remedy for retrial of civil rulings refers to the civil rulings made by the people’s court in accordance with the procedures for trial of civil cases.Regarding this issue,the current civil litigation legislation is too general.Although the Supreme People’s Court uses judicial interpretations and related approvals to specify which civil rulings can initiate retrials to a certain extent,the judicial interpretations That is to say,there are many problems in the relevant approval regulations.The definition of the scope of retrial remedies in civil rulings is a major issue involving the protection of the rights of the parties and the efficiency of the litigation process,and is of great significance.Facing the basic legal principles of civil rulings,the system function of the retrial procedure,the benefit value and many other variables,this article considers the rulings of inadmissibility,dismissal of the suit,handling of the appeal and termination of the suit based on the principles and standards that define the scope of retrial remedies.For the scope of remedy for retrial,other civil rulings should not be remedied by the retrial procedure.In addition to the summary and conclusion,this article contains an introduction and four chapters.The introductory section presents cases in which questions arise,presents the research context of this article,the status of research in the country and abroad,as well as the research methods and innovations of this article.The first chapter discusses the legislative issue of the remedy scope of civil rulings.This chapter points out the deficiencies in the scope of civil retrial remedies in my country’s current legislation,and explores the system roots of its existence.The second chapter describes the relationship between the res judicata theory and the civil retrial procedure.This chapter analyzes the relationship between the res judicata theory and the civil retrial procedure from the static and dynamic perspectives,and believes that the dynamic retrial procedure has the effect of supplementing and correcting unjust convicted cases,and improving the retrial procedure.It is necessary to be guided by res judgment,and the scope of retrial should be determinded as part of the retrial procedure,and its definition should be guided by rejudgment.The third chapter proposes the principles and standards for defining the scope of adjudication and retrial.This chapter believes that the definition of the retrial scope of civil rulings should follow the principle of correspondence,the principle of proportionality and the principle of efficiency.In the part of defining standards,based on the principle of determining the scope of the ruling and retrial,four specific judging standards have been set up,including the judgement of the ruling,the importance of the ruling,the role of the procedure subject in the ruling process,and whether the ruling exhausts other remedies.On the one hand,the definition of the scope of adjudicated retrial as described in Chapter II is guided by the adjudicated force,and the adjudicated force of the adjudication is discussed as the feasibility of the retrial.It is pointed out that only civil rulings with res judicata can be the subject of retrial.The judgment standard of res judicata clarifies the scope of the res judicata.On the other hand,a civil ruling with res judicata may not necessarily be applicable to the retrial procedure.Once the retrial procedure is initiated,it will eliminate the res judicata of the original ruling and impact the already stable legal order.It can be the object of retrial only when it is absolutely necessary.In the part of the necessity of retrial,the latter three specific judgment standards are discussed as factors to consider the necessity of retrial.The fourth chapter is devoted to the definition of the remedy scope of civil adjudication retrial.Based on the determination principles and judgment standards that define the scope of retrial relief for civil rulings,this chapter examines civil rulings under different categories to clarify which civil rulings are the subject of retrial and which civil rulings are not.