南都学坛2024，Vol.44Issue(4)：69-77,9.
我国民事再审审查程序的反思和优化
Reflection and Optimization of Civil Retrial Review Procedure in China
摘要
Abstract
The civil retrial review procedure is a precursor to the civil retrial proceedings,and is of great value in safeguard-ing the rights and interests of the parties and outsiders applying for retrial,and in correcting the errors in the judgements and con-ciliations in force.Although China's legislation has made relatively comprehensive provisions on this procedure in terms of the court of jurisdiction,the mode of review,the subject matter of the application for retrial,et cetera.,upon closer examination,there are still courts of jurisdiction that are not conducive to giving full play to the due functions of the courts at all levels,the sys-tem of fees for retrial cases is not conducive to controlling the number of cases for retrial review,and the mode of review,which is mainly based on a written review,is not conducive to safeguarding the right of the parties to participate in the procedure,and the determination of"new evidence"is not conducive to the protection of the rights of the parties.The criteria for determining"new evidence"are not conducive to maintaining the stability of effective judgements and rulings.To further optimize the civil re-trial review procedure and accurately position the trial level function of fourth-level courts,several measures should be undertak-en.Firstly,the jurisdiction for retrial applications should be consolidated to align with the court of first instance where the appli-cation frequency is highest.Additionally,enhancements should be made to the regulations governing acceptance fees for retrial cases.Furthermore,efforts should be directed towards improving the inquiry and hearing processes,and ensuring a proper under-standing of the criteria for identifying"new evidence"during the retrial-review stage.关键词
民事再审/再审审查/再审管辖/审查方式/再审事由Key words
civil retrial/retrial review/jurisdiction of retrial/examination methods/the cause of the retrial分类
社会科学引用本文复制引用
杨雅妮,卢小倩..我国民事再审审查程序的反思和优化[J].南都学坛,2024,44(4):69-77,9.基金项目
国家社会科学基金西部项目"检察机关办理公益诉讼案件民行刑衔接机制研究"(项目编号:21XFX015) （项目编号:21XFX015）
兰州大学法学院研究生科研创新项目"审级职能改革背景下民事再审审查程序的反思"(项目编号:202322007). （项目编号:202322007）
