民事诉讼再审新证据之定位与运用

On the Definition and Use of Fresh Evidence for Civil Retrial Procedures

2007年修正的新民事诉讼法保留了新证据这一再审事由,但新法对再审新证据的规定含糊不清,造成了实务运作的严重混乱。近来出台的相关司法解释也未能解决此问题。司法制度的终局性要求与再审程序的特殊功能,决定了再审新证据仅能在有限的范围内被认可。再审新证据的合理定位,必须结合我国国情综合考虑各种相关要素。再审新证据的运用,必须遵循重大性、补充性原则,以降低再审程序被频频启动的危险。

Fresh evidence is still stipulated as one of the causes for a retrial in the 2007 amendment to the civil procedure law, which is an appropriate legislative decision owing to its consistence with China＇ s national situation. However, serious confusions in legal practice result from the fuzzy and unclear stipulations on fresh evidence for retrials in the new amendment. New legal interpretations released in recent years have been too weak to solve such problems, This paper argues that fresh evidence should be admissible only within a limited scope due to the finality of legal systems and the special function of retrial procedures. In defining what constitutes legitimate fresh evidence for retrials we should consider various factors comprehensively by drawing on foreign stipulations and combining them with China＇s national situations. In using fresh evidence for retrials we should stick to the principles of importance and supplement so as to reduce the risk of high-frequency start of retrial procedures.