Abstract: For the initiation of civil retrial procedure, most scholars agreed that the court's right to initiate retrial should be canceled, that procuratorial organ's initiation of retrial should be improved and that the suit for civil retrial initiated only by the litigant subject should be established. However, the scholars didn't mention who were the legitimate litigant subjects to initiate the retrial. Thus, this paper provides a further research and proposes that the necessity and effectiveness of initiating the suit for retrial should be the foundation to examine the legitimate litigant subjects, and discusses who should be the specific litigants in different circumstances, so as to provide a better practice guide.