In the society of rule by law the judicial power has two qualities of negativity and supremacy, that is, it should practice the two principles-no trial without complaint and trial with complaint in regard to law disputes.

As an important part of civil procedure, Ex-offio Civil Retrial Procedural System has terrible flans, short of theoretical precondition and realistic basements, and therefore it should be denied and abolished so that the original feature “no trial without complaint” could be resumed in civil procedure to promote the process of civil trial form.

As a basic principle adjusting the relationship between complaint and trial,the principle of "no trial without complaint" has already become accepted in the criminal procedure law by various countries in the world.

The present paper introduces and expounds Theory of Reluctance by Fredrich Engels in his Frederich Engels ANTI-DüHRING and points out that such a theory provides the new train of thought and standard for us to know the position and role of national ownership in market economic system.