Abstract:
It is known that the
Civil Law of the People's Republic of China was revised in 2012.This work treats the entity grounds of civil retrial differently. It limits its illegal grounds too. Examined this work, we find that the system of civil retrial is keeping preference of Substantiality to Procedure stereotype now.A good looing into the Law, the disadvantages of its functionality can be easily seen.That is to say, this revision can't get rid of the drawbacks of civil retrial system altogether.There are two reasons for this issue. Firstly, the value of the system of civil retrial can't be clarified by Legislators. Secondly, there are many problems of the civil legal liability. Therefore, reshaping the justice concept for the civil retrial system, strengthening the subject with procedure illegal for retrial, improving the system of civil legal liability system is a valid path to improve the system of civil retrial.