中國의 審判監督節次의 問題와 發展趨勢

Abstract

Procedure for trial supervision is the procedure of retrial of the cases that has been judged, ruled or mediated and put on trail by the People's Court. It is a special trial supervision procedure. In addition to a small number of retrials proposed by procuratorial organs and superior courts or this court, most cases of trial supervision are for the retrials applied by the parties, therefore, it includes two procedures : rechecking procedure of application for civil retial and trial procedure. In judicial practice, the simplicity and imperfection of the procedural law in China resulted in the vacuum of legislative for retrial procedure, which leads the blind spots in the review procedure. The problems on the proceeding and operation of retrial, also lead to the difficulty of application for retrial and low efficiency for review on one hand, and embarrassing situation of unlimited retrial on the other hand. As a result, the authority of the courts' judgments, the solemnity of the law are weakened. The procedure for trial supervision in new Civil Procedure Law was revised mainly in four aspects: clarify the application for retrial to the superior courts; further make concrete analysis on retrial causes; explicitly stipulate the review procedure and time limit of retrial; and prolong the time limit of special retrial cases for applications. This amendment is an appropriate way to solve the problem on the difficulty of application, and laid the foundation for solving the problems on the difficulties for appeals.