检察机关办理民事申诉案件新证据的审查与运用

Review and Exertion of New Evidences in the Conduct of Civil Cases Started by Procuratorial Organ

新民事诉讼法首次将"有新的证据,足以推翻原判决、裁定"的情形作为检察机关对民事案件提起抗诉的事由之一。检察机关应当在正确把握新证据的本质、分类、要件,并综合考虑我国民事诉讼制度环境的基础上正确运用新证据启动民事再审程序。

The revised Civil Procedure Law treats the situation,"new evidence is sufficiently enough to reverse the original judgment or verdict",as one of the justifications that the procuratorial organ shall lodge a protest.The procuratorial organ is supposed to use new evidences correctly to start Civil Retrial Procedure on the basis of the nature、classification、and element of them as well as a comprehensive consideration of the environment of civil lawsuit system in China.