民诉法修正案再审的功能与完善

The function and improvement of retrial procedure of the amendments of Civil Procedure Law

民事诉讼法修正案对再审事由做了很大的修改,但还是存在不足。对于再审事由,应在坚持它的非正常救济程序功能和补充性原则的基础上,取消再审的实质性事由和兜底条款,补充限定再审的次数、当事人权利用尽和增设前置程序的规定,完善再审程序,实现我国的法律程序正义。

Though retrial procedure of the amendments of Civil Procedure Law has changed a lot, there are still defects in it. The author thinks we should insist on that the function of retrial procedure is procedure of abnormal remedies and complementary principle. Besides, we should abolish the cause of substantial and uncertain provisions as well as supplement the time restriction, exhaustion of rights of the parties and procedural prerequisite to improve the retrial procedure and achieve procedural justice in China.