对民事再审事由重构的思考

A Reconstruction of Reasons for Civil Rehearing

民事再审事由的界定是民事再审制度改革的重要一环,我国现有规定以及最高院的设计方案存在着一些缺陷和不足。笔者从实体错误事由、程序错误事由以及不得申请再审的特别事项三个方面展开民事再审事由的重建设计。

Defining the reasons for civil rehearing is the important parts in the reform of civil procedure. There are a series of defects and shortages in the reasons of rehearing of Civil Procedure Law of the People's Republic of China and the design program by the highest court of China. The author puts forward a reconstruction program from three aspects. They are the reasons for substantive wrong,the reasons for procedural wrong and the reasons for no appealing to rehearing.