Study on the Suit for Civil Retrial
Huang Liang-you
Abstract
Huang Liang-you
Abstract
To establish the suit for civil retrial is the key and direction of reforming the civil retrial system in our country.Theoretically speaking,with the function of remedy and supervision,the suit for civil retrial is a kind of formational suit in substantial law,which possesses elements such as subject,object,cause of action,prescription of action,jurisdiction court and so on.Mainly,there are two disputable points: dualism and monism.By comparison,to adopt single object of litigation is more suitable.Hence,in order to restrict the application of the civil retrial system,to maintain the stability and authority of the executed judgment,it is necessary to prescribe strict conditions for the institution of the suit for civil retrial.
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To establish the suit for civil retrial is the key and direction of reforming the civil retrial system in our country.Theoretically speaking,with the function of remedy and supervision,the suit for civil retrial is a kind of formational suit in substantial law,which possesses elements such as subject,object,cause of action,prescription of action,jurisdiction court and so on.Mainly,there are two disputable points: dualism and monism.By comparison,to adopt single object of litigation is more suitable.Hence,in order to restrict the application of the civil retrial system,to maintain the stability and authority of the executed judgment,it is necessary to prescribe strict conditions for the institution of the suit for civil retrial.
Key concepts: Jurisdiction, Law, Object (grammar), Civil procedure, Action (physics), Civil law (Civil law), Dualism, Subject (documents)