论我国民事裁判的既判效力与再审制度的协调与平衡

Balance between the Conviction Effect and Retrying System of Civil Judgment

基于人们对实体公正的需求和司法本质的认识,再审程序一直是民事诉讼中一项重要制度,它有着纠错、救济、监督和保障等多项功能,但随着司法实践的发展和人们对诉讼规律认识的加深,程序公正的作用日益凸现,其中既判力理论逐渐受到人们的重视。既判力理论对判决的稳定性、司法的权威性及民事诉讼制度的整体效应都有着极大的促进作用。两者所促进的具体价值不同,它们之间存在着冲突,如何协调两者的关系,准确划定两者起作用的范围,在理论上和实践中都有极其重要的意义。

Based on people＇s demand for entity fairness and understanding to the essence of judicature, retrying process is always an important system in civil suit. It has many such functions as correcting mistakes, relief, supervision and protection. With the development of judicial practice and people＇ s understanding of lawsuit, the role of process fairness is increasingly raising. The theory of conviction effect is attracting more attention. It can promote the steadiness of judgment, the authority of judicature and the whole effect of civil suit system. The conviction effect and retrying system promote different values. There are conflicts between them. In this article, how to balancing the relationship between them and how to set their affecting limits are explored. Different tendentiousness between the legislature and the judiciary leads to a balancing relationship between them--one up,the other down.