Research On Japan's Civil Retrial System

Japan is a nation and country with unique characteristics.The Daiwa nation,which is good at learning from each other's strong points and making up for its weak points,has developed from a weak feudal island country to a developed power in the world by learning from others' advantages and integrating others' advantages into its own practice.It is precisely because of this character of the Japanese nation that they fully demonstrate their strong learning ability in the formulation of the legal system.By absorbing the advantages of other countries' legal system,a unique Japanese civil procedure law appeared.The Civil Procedure Law of Japan belongs to the civil law system,and its establishment and development are deeply influenced by Germany.On the basis of learning from the German civil procedure system,it is also good at absorbing the advantages of other countries' civil procedure law system,forming a unique Japanese civil procedure law system which is inclusive and inclusive.Japan's civil retrial procedure has been clearly defined since the beginning of the establishment of the civil procedure system.In the process of several major amendments,it always retains most of its original content and core jurisprudence,aiming at seeking the balance between the stability of the law and fairness and justice.China's retrial system is also influenced by Japan to a certain extent.There are similarities between China's retrial system and Japan's civil retrial system in terms of procedure and cause setting.Therefore,learning from Japan's civil retrial system is of great significance to the research and improvement of China's civil litigation system.This paper consists of three partsThe first part systematically analyzes and introduces Japan's civil retrial system,combs the historical evolution of Japan's civil procedure system,expounds the change process from the old Civil Procedure Law in 1891 to the new civil procedure law in1996,and unfolds the procedure system of Japan's civil retrial system in detail,so as to clarify the trial process and stage division of the retrial system.After the analysis of the content of retrial cause which this paper focuses on,the core position of retrial cause in civil retrial procedure is obtained,which leads to the next part of the specific analysis of the actual operation of civil retrial procedure in Japan.The second part is the practical analysis of civil retrial procedure in Japan.Through the investigation of the statistical data of retrial cases tried by the Japanese judicial system in the past five years(from the 27 th year of Heisei to the first year of Heisei),we can get the acceptance of civil retrial cases and the trial of this case.It can be seen that civil retrial procedure accounts for a relatively small proportion of civil cases in Japan,and retrial causes play a screening and promoting role in retrial cases.The second section analyzes how the 10 retrial reasons listed in Article 338 of the new civil procedure law of Japan affect the retrial cases and the distribution of the judgment results.The third part compares the characteristics of China's civil retrial(trial supervision)system with that of Japan,analyzes the similarities and differences between China's civil retrial system and Japan's civil retrial theory,especially the theoretical part of retrial cause,and obtains the similarities and differences of retrial cause setting.Through the statistics of the judicial practice cases of civil retrial in China and the comparative analysis of the judicial practice data in Japan,it is found that a large number of inconsistent cases will be rejected in the retrial cases of the two countries,and the proportion of the final retrial and retrial is low.