To appeal Therefore, we believe that in civil proceedings, unless the second instance of the final judgments and decisions are based on evidence not by party but by the court ex officio by the collection and investigation, after the final verdict, the parties do have new evidence collected by the court evidence of an error, or insufficient evidence, retrial may
Be required to implement. We must be clear to see, even though the trial supervision procedure is a remedy, but it is still trial activities continue, therefore, must be tried by fair procedures to protect the legitimate oversight activities conducted to protect the impartiality of referees retrial, if the Our activities in the first and second instance, the insisted to
Be procedurally fair and impartial judge. However, the trial supervision procedure not to maintain justice, justice, the previously stringent of measures would not produce the desired effect, the previous input judicial Zi Yuan and the labor of handling personnel will be largely in vain to waste in particular, should be that judgments and orders in force will not only produce

Also to the other  damage and in particular to see, Zhengjumoyou time  is simply Weibeisusong efficiency of, it will possibly Faguanlangfei Bubi Yao’s Shi Jian energy and costs. Not to mention, at some point the parties purposely not proof of evidence in another time, while many of the previous work of judges will be wasted, even if the parties do
Not deliberately lazy trial reform in China has been greatly strengthened party’s burden of proof, of the Court to collect evidence by the extremely limited scope, therefore the parties should naturally bear the burden of proof in a timely manner, must also bear the burden of proof is not timely risk that as the parties during the proceedings, to can
Not bear the burden of proof and because of the risk of losing the same. Of course, if the evidence is collected by the court ex officio, the party of the evidence burden of proof is not there fault, so the parties discovered new evidence that the original evidence collected by the court enough evidence of wrong or the right

The parties themselves, the parties from their own interests, should also be timely to provide evidence to the court, failed to provide evidence that the party is at fault, but the evidence of failure of the parties promise The consequences, if the monitoring process allows the parties to the trial, and continue to introduce new of evidence, civil procedure would
Not be possible with time constraints, which on the other party in the process benefit of protection is also very detrimental to the. If at any time to allow the parties to put forward new evidence of the ground demands nike dunks retrial, the evidence is difficult to provide for the prescription. Evidence does not time constraints, this process is likely to
Be of abuse of, for example, in practice, some parties on the part of the evidence is not available in the first instance, and in the second instance in emerged, thus the second instance Genggai  judgment or Daozhi case was made Back to the retrial. This is not only fair court of first instance of trial activities are hampered, but

The end of the program in a timely manner is also contradictory. In accordance with the requirements of procedural fairness, the program must end in time, which means that the Court’s judicial activities is limited in time, the fact that the investigation can not continue indefinitely, the evidence can not be no time limit to collect and provide the parties
Can not be over and over again to refer cases to the courts for trial. Full use of the retrial is not the first or second instance entirely appropriate, because the retrial in the case of revision was mainly due to new evidence presented. In criminal cases, because of new evidence to the need to correct wrong judgments embody the
Principle of seeking truth from facts, has a certain rationality, because the criminal case against crime, evidence collection is to be completed by the judiciary, if indeed Yi Hou found new evidence, effectively protect the people from the perspective of the fight against crime should correct the referee. However, in civil cases, the evidence is mainly to collect and provide