On the Promotion and Perfection of State Civil Judicial Redress Trial Procedure;

It is necessary to demonstrate the value of trial procedure and promote the theory position of it in order to construct a country ruled of law in china.

It is necessary to demonstrate the value of trial procedure and promote its theory position in order to construct a country ruled by law in china.

The people s right is their common logistic origin;the judicial justice is their common worthiness;the practice of the rule of law is the common realistic foundation;the judicial procedure is their common combining location.

Thisdissertation discuss reality of law interpretation under the circumstanceof judicial procedure.

From the view of separation of accusation and trial, the provision of the valid statute, which the court can institute the trial supervision procedure by itself, does not accord with the requirement of separation of accusation and trial, does harm to the realization of justice and the protection of rights of the accused, leads to confusion of function of action.

Infliction of penalty on the defendant by means of the trial supervision procedure works against the legal principle of not to increase a defendant s criminal punishment in trial on appeal.

Firstly, to distinguish the concepts of the trial supervision procedure and retrial procedure, in order to clarify the unclear vision, and point out the difference of two concepts which is that the trigger of retrial of trial supervision procedure based on the power of juristic supervision, whereas the retrial of retrial procedure based on the concerned parties litigation ri.