A Review of Legal Particular Matters of Remand in Civil Procedure: Additional Comments on Relevant Provisions in Civil Procedure Law Amendment

The purpose of the remand system in civil procedure is to provide relief for the parties whose interests have been damaged in the first instance and the damage cannot be remedied in the appellate process. According to this purpose and the reality that the court of second instance has independent power for findings of fact, defections can be found when we examine the legal particular matters of remand in civil procedure law and the amendment provisions. If, in the original judgment, the facts are incorrectly found, the court of second instance should amend the judgment after investigating and clarifying the facts instead of remanding for a retrial; only in the original judgment when a violation of the prescribed procedure affect the integrity of the civil litigation structure, the case should be remanded to the original court for retrial.