“再审之诉”的再认识——以解决“申诉难”问题为切入点

Rethinking "Retrial Litigation":From the Perspective of Solving the Problem of "Difficulty of Complaints"

"申诉难"问题一直困扰着民事审判实践,还可能严重威胁社会和谐稳定。梳理"申诉"在现行民事审判监督制度框架内的地位,明确"申诉难"在制度上的诱因在于"申请再审"渠道未能发挥应有作用。运用实务材料和信息分析"申请再审"渠道的症结所在,同时考虑再审程序的法律属性,立足于"法和社会"的双重视角提出切实可行的"再审之诉"制度方案。

The problem of ＂difficulty of complaints＂ has plagued civil trial practice for a long time, which may also seriously threat social harmony and stability. This paper analyzes the status of ＂complaints＂ in the current framework of the trial supervision system and concludes that the cause of the ＂difficulty of complainants＂ in the system is that the ＂apply for retrial＂ channels failed to achieve the desired effects. The author, using practical materials and information to analyze the problem of ＂apply for retrial＂, as well as taking the legal nature of retrial into mind, brings forward ＂retrial litigation＂ system project based on ＂law and society＂ double perspective.