民事再审之诉:我国审判监督程序的转换与选择

The Lawsuit of Civil Re-judgement: the Change and Choice of the Judgement Supervisive Procedure in China

我国现行的审判监督程序,由于过于强调国家干预的功能、忽视当事人处分权、再审启动主体宽泛、具体程序的缺失等等原因而暴露出越来越多的问题与缺陷,改革我国审判监督程序已经成为当前司法改革的重要内容之一。然而,如何改革审判监督程序在学界存在诸多不同的见解,尚未形成统一意见。文章认为,以再审之诉作为制度基础的再审程序能够充分体现当事人主导程序之基本理念,将再审程序的启动权交给当事人,能实现审判监督的回归,切实保护当事人的合法权益,维护司法公正。在再审之诉的制度构建上,文章从再审之诉的要件和审理两方面提出了初步的设想。

In the active judgement supervisive procedure in China. because the function of national interference is overemphasized, the right of party is neglected, the principal part of starting a re-judgement is wide, and the concrete procedure are lacked of,there exist many problems and shortcomings. To reform the judgement supervisive procedure institution in China is an important content in recent judicatory reform. However, there are some different ideas about the reform in academic circles, and there are no consensus of opinion among them. In this article, the author discussed the possibility of incarnating the procedure which is led by the party through a sytematic basis founded on the lawsuit of re-judgement, if the right of starting a re-judgement procedure is in the hand of the party, the supervision judgement will be realized, the legal right of the party will be protected and the justice will be maintained. Some primary suggestions of systematic construction of the lawsuit of re-judgement have been given out.