民事抗诉再审事由的重构

Reconstruction for Reasons for Civil Review of Civil Counterappeal

在我国民事诉讼法确定了再审之诉制度之后,把民事抗诉再审事由与当事人再审事由进行等同就并不合适,可能会损及再审之诉的基础地位。民事抗诉再审事由可从以下几个方面加以重构:严重违反法定程序;严重危及国家利益和社会公共利益;审判人员徇私舞弊,枉法裁判;以及其他违反法定程序的情形。

The civil retrial system has been instituted in Chinese Civil Procedure Law; therefore, it is not reasonable that reasons for civil counter appeal are stipulated with the same mode as for civil review. It is suggested that reasons for civil counter appeal should be reconstructed in accordance with some aspects, that is, the procedure set by law is violated seriously, the interests of the state or of society are injured, the judges bend the law for the benefit of relatives or friends, or other procedure is violated.