On the Balance between Civil Retrial Procedure and Res Judicata
Jiang Qun
Abstract
Jiang Qun
Abstract
As a special relief procedure,civil retrial procedure plays an important role in the substantial justness and the nature of justice.It has many functions like error correction,relief,safeguard and surveillance.However,there are some flaws in the civil retrial procedure of our country,which severely prevent res judicata.Res judicata and retrial procedure are contradictory in essence,which we must recognize so as to improve our code of civil law and achieve the balance.
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As a special relief procedure,civil retrial procedure plays an important role in the substantial justness and the nature of justice.It has many functions like error correction,relief,safeguard and surveillance.However,there are some flaws in the civil retrial procedure of our country,which severely prevent res judicata.Res judicata and retrial procedure are contradictory in essence,which we must recognize so as to improve our code of civil law and achieve the balance.
Key concepts: Res judicata, Civil procedure, Balance (ability), Safeguard, Law, Political science, Medicine, Physical medicine and rehabilitation