On the Border of the Exceptional Remedy Procedure——And on Amendments of the Reasons for the Retrial of Civil Procedure Law

Res judicata has both positive and negative values.The positive value excludes the retrial,while the negative value is the logical premise of the retrial.The positive and negative values of res judicata should be defined and determined clearly to define the reasonable border of the res judicata function.The retrial procedure is different from the common remedy procedure.Except that the object of the remedy is the acted judgment(or determined judgment),the principles of the retrial procedure are more important.Refining the reasons for the retrial by the retrial process stresses more the importance of the procedure.However,we should consider the principle of a country the ruled by law – if there are no essential errors of the reasons for the retrial,retrial can not be re-instituted.It is more rational that the reasons for the retrial develop toward the direction.