再审新证据的类型化及运用路径研究

Research on the Typification and Application Path of New Evidence in Retrial

相较于原审,再审新证据皆为逾期举证,但《民事诉讼法》对逾期举证主观方面未差异对待,而是进行训诫或罚款后均可采纳,造成举证责任原审和再审冲突,原审还会被误定为错案,亦有放纵不诚信诉讼之嫌。为充分维护法律秩序的稳定性,原审结束后因新发生事实形成的证据,不宜通过启动再审使用。对新证据主观认知和形成时间两个角度进行差异化分类,即对涉及国家利益、公共利益和他人合法利益的逾期举证均给予机会且不处罚,对影响自身重大利益的处罚后采纳,其余故意逾期者均不采纳。对原审结束后新形成的证据宜采用变更判决方式拓展运用路径,以维护原判权威,同时保护当事人权益,提升司法效率,节约审判资源。

Compared to the original trial,the new evidence in the retrial is all overdue evidence,but the Civil Procedure Law does not treat the subjective aspects of overdue evidence differently.It can be adopted after being admonished or fined.The burden of proof conflicts between the original trial and the retrial,and the original trial will be determined as a wrongful case,and there is also the suspicion of indulging in dishonest litigation.In order to fully maintain the stability of legal order,evidence formed by new facts after the original trial is completed should not be used to initiate a retrial.The new evidence is differentiated from the perspectives of subjective cognition and formation time,that is,the overdue evidence involving the national interests,public interests and legitimate interests of others is given opportunities and not punished,while the overdue evidence affecting their own significant interests is adopted after punishment,and other intentionally overdue evidence is not adopted.For the newly formed evidence after the end of the original trial,the judgment method is changed to expand the application path,so as to safeguard the original judgment and protect the rights and interests of the parties,and improve the efficiency and save the trial resources.