民事再审:程序的发展及其解释适用

Civil Retrials: Development of the Procedures and Pertinent Application Interpretations

我国民事再审程序从早期的"信访申诉+法院依职权再审"的结构出发,经历了从"诉访不分"且强调职权性纠错的起点向诉讼与信访相对分离的程序结构转型的过程,其结果是大体实现了以当事人申请为启动再审的主要途径、结合检察机关和法院从外部和内部实施审判监督这样一种制度形态。但目前我国民事审判监督制度的运行状况还存在着许多问题,当事人不服生效裁判而"多方投诉"的信访现象,仍给民事诉讼制度带来"终审不终"的压力和难题,因此,对再审或审判监督程序这一制度发展过程加以重述,就2012年民事诉讼法全面修订以来,尤其是最高人民法院相关司法解释出台后民事再审程序设计及运行中的解释适用等众多问题进行全面探讨显得十分重要。

The development of civil retrial procedures in our country started from the structure of ＂ap- peal by petition combined with retrial by courts according to ex officio＂ in early times, and the structural transformation of procedures evolved from ＂no distinguishing between petition and litigation＂ and focusing on functional redress to relatively separation of litigation from petition. As a result, the present retrial proce- dure is initiated by application of parties concerned, and the trial is supervised externally by courts and in- ternally by procuratorial organs. However, in practice there are still predicaments and issues to be solved, such as some parties concerned make ＂complains to many departments＂ by petition for dissatisfaction of ef- fective judgements, which have caused pressures and predicaments for civil litigation systems since the ＂fi- nal trials failing to be settled＂. Therefore, it is of vital importance to restate and properly discuss the devel- opment of rules on retrials and procedure for trial supervision since the comprehensive amendment of the Civil Procedure Law of 2012, particularly the civil retrial procedure designs upon promulgation of pertinent judicial interpretations by the Supreme People＇s Court and practical issues in application of judicial interpre- tations.