Commentary on the Modification Draft of Civil Litigation Law

Retrial is a type of special remedy,and in terms of the relationship between retrial and appeal,it is better to make retrial in a supplementing position.With respect to the application of retrial and protest,the court should be preferred.Superior courts' jurisdiction over the retrial cases is both advantageous and disadvantageous,and the original trial court's jurisdiction plus the appeal together constitute a better system;in terms of the application of retrial,we should establish the time limit that the clients may apply for retrial and the time limit that the claim exists.When the court decides to re-trial,withdrawing the original judgment is better than to suspend it.In terms of the cases of misuse of law and unjust judgment and false evidence,it is better to first identify the nature of the cases before allowing the petitioner to apply for retrial.The power of the prosecutor's office to check the case files should be established in the law.