中国民事审判监督程序的现状及展望

Abstract

Chinese Civil Trial Supervision Process (CTSP), which based on the Soviet’s Union’s civil procedure, is a special relief process. CTSP is one of the features of the civil procedure of socialist countries civil procedures. From historical point of view, this process evolved from a CTSP to a retrial process. However, if all parties to a CTSP, i.e., the Court, the Direct of Public Prosecution Office (DPP), and litigants, are able to trigger a retrial, it would lead to systematic procedural confusion. This is due to every party has different purposes in initiating a CTSP. Specifically, the DPP aims to fulfil its responsibility in monitoring lawsuit procedure, correcting any errors in court’s judgment and ensuing consistence in application of laws; the court aims to achieve self-correction and ensure the impartiality and legality of court decision; the litigants aim to defend their own rights. Therefore, the one single process serving three separate purposes will inevitably cause operational confusion and dysfunction in the entire CTSP. From the legislative development point of view, the Soviet’s Union’s experience can be further drawn upon for reference to improve this process, for example, the CTSP can only be triggered by authorities, namely, the court and the DPP. Alternatively, drawing the experience from North Korea, a separate and independent process whereby the litigants are able to active the retrial process can be established.