Before the reform of the trial level function of the four-level courts in China,the retrial proceedings were reviewed by the case filing tribunal through the adjudication process for its conditions and causes,and the case was heard by the trial tribunal after the decision of retrial.After the implementation of the reform,some courts abolished the second case filing tribunal,and assigned the review of the conditions and causes of retrial and the hearing of this case to the trial tribunal.The above'single-stage'reform is not only inconsistent with the logical stage of trial proceedings,but also incompatible with ordinary proceedings.In addition,it is easy to replace the formal standard of review with the substantive outcome of the trial,thus exacerbating the difficulty of retrial,and even infringing on the parties'right to apply for retrials.Therefore,we should reflect the stage of the retrial lawsuit from the appearance of the procedure,and follow the general rules of the trial of the lawsuit.In other words,the case should be reviewed by the case filing tribunal first,and the trial tribunal can proceed to the substantive hearing only after the original judgment is reversed by the case filing tribunal.From the perspective of procedural protection,revocation proceedings should be conducted by way of oral argument rather than written review,and should be under the jurisdiction of the superior court to enhance judicial credibility.The retrial of this case shall be limited to the scope of the parties'application and a new judgment or revision of the judgment should be made on the same matter.
NETL
NSTL
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