申请再审不停止裁判执行制度之缺陷与完善

Defects and Perfections of the System that Judge' Executions Are Not Ceased in the Retrial Appeal

我国的民事诉讼法虽经再一次修改,但申请再审不停止原裁判执行制度仍然存在缺陷。申请再审而不停止原裁判的执行,不但可能给再审申请人的实体民事权益造成无法弥补的损害,而且与审判监督程序设计初衷背道而驰,降低审判机关的公信力。民事诉讼立法应当在坚持程序正义理念的基础上公平地保护各方当事人的合法权益,区别不同执行标的,对申请再审期间的裁判执行作出科学合理的规定。

Athough Chinese law of civil lawsuits has been revised again, there are flaws in the existing system that the original judges＇ executions are not ceased in the retrial appeal, which may not only impose irreparable damage on the civil rights and interests of the retrial applicants, but also run in op- posite directions to the original intention of trial supervision procedure design, thus decreasing the public trust of judicial organ. Civil lawsuit legeslation is supposed to fairly protect every party＇ s law- ful right on the basis of maintaining the idea of procedure justice and discriminating different execution objects so as to reasonably and scientifically regulate the judgement execution during the retrial.