人民法院提起民事审判监督程序的两个问题

Two Questions Concerning the Procedural Supervision by Which the People's Court Advances Civil Trial

民事诉讼法将人民法院提起民事审判监督程序的条件规定为“确有错误” ,违背了诉讼法的基本原则 ,不利于纠正错误 ,也与其他法律规定相抵触 ,立法上应作出具体规定 ,以便于实务中操作。人民法院对本院已经发生法律效力的判决、裁定 ,发现确有错误 ,其提起再审程序的主体既不是本院院长 ,也不是本院审判委员会 。

Its made in the procedural law that the peoples court should advance the procedural supervision of civil trial on the basis of “definite error”. Such a stipulation, however, is against the principle of the procedural law and unfavourable to correcting mistakes. It also contravenes other provisions. Therefore, certain regulations should be made in legislation and put into practice. When there are definite errors concerning the pronouncement and ruling which have already had legal effect, it can only be the peoples court that will advance reexamination, not the chief of the court, nor the judicial committee.