The re-trying procedure's establishment, is for the purpose of correcting the court activation referee's mistake, guarantees the court referee's fairness, the validity, thus maintains the court the authority and the social justice, its status is very important.。This article unifies the modern civil action's basic principle, through to our country civil re-trying system existence's main malpractice's analysis, has reconsidered our country civil re-trying system's legislation guiding principle flaw, and to consummated our country civil re-trying procedure from the judicial practice's angle to propose own view。
Key word: Civil procedure law bill for amendment, civil re-trying procedure, re-trying procedure restructuring, suing of the re-trying