我国民事诉讼再审程序若干问题分析

Analyzing Several Problems in the Retrial Procedure of Civil Lawsuit

再审程序是我国民事诉讼的重要组成部分,随着审判方式的改革,民事诉讼各项制度和程序暴露出许多问题并亟待解决,这其中也包括我国的民事再审程序,比如受前苏联影响导致职权主义色彩浓厚,指导思想与民事诉讼规律不相符,过于追求个案公正,忽视程序价值,本文详细论述了再审程序存在的问题,并分析了问题存在的根源,并指出重塑的思路,旨在维护司法公正和权威、保障当事人的诉讼权利,使再审程序真正成为一种特殊的纠错和补救程序。

Retrial process remains a vital part in the civil action of our country. With the reform of judicial methods, the regulations and procedures of lawsuit have exposed many problems those are urgent to be solved, including the problems in the retrial procedure, the strong power control under the influence of the pre^Soviet Union, the disharmony between guiding ideology and laws of lawsuit, rather a pursuit for the fairness of isolate cases, and the ignorance of procedure value. With the aim of safeguarding judicial fairness and authority and the lawsuit right of party concerned, and rebuilding retrial procedures to become a special measure for error correction and remedy, this paper undertakes to expound these problems in retrial procedures, analyze their sources, and point out the approaches to remold the process.