关于完善民事再审程序的几点思考

Several reflections on perfecting civil retrial procedure

已生效的民事裁判应当具有权威性和稳定性,现阶段由于种种原因,已生效的民事裁判存在错误的情况是存在的,民事再审程序就是为纠正错误的民事裁判而设计的一种纠错程序,民事诉讼法关于再审程序的规定存在一定不妥之处,从分析现行法的缺陷入手,对完善民事再审程序提出了一些建议。

Effective civil adjudication should have authority and stability; however, due to all sorts of reasons at present, errors exist in effective civil adjudication. Civil retrial procedure is just a kind of procedure designed to correct the wrongful civil adjudication. In respect of the operation of procedure, problems that the subject of initiating retrial procedure is not scientific, placing a case on file for retrial procedure lacks operative standard, procedures of hearing for retrial procedure are not perfect, and present law does not formulate the standard for revision of a judgment existense. In view of above situations, we should strengthen litigant＇s right of appeal, restrain procuratorate＇s right to protest against court sentence, regulate court＇s right to initiate retrial procedure, define the standard of placing a case on file, reform the proceedings of hearing for retrial procedure, in order to perfect this procedure and bring procedure value into full play.