对我国民事再审程序的反思与重构

我国再审制度设计基于“实事求是 ,有错必纠”的原则 ,再审制度有着许多内在的缺陷 ,再审制度的改革应保留最高人民法院依职权再审 ,废除地方法院依职权再审 ,限制检察院抗诉再审 ,并建立再审之诉。

The Introspection and Constructing Again to The Civil Procedure of Our Country

The establishment of adjudicatory supervision of China has its innate defects, which is based on the principle of "to seek truth from facts, to rectify whatever is wrong". The reform of adjudicatory supervision system should be applied to conserve the power of determining the adjudicatory supervision procedure by authority of the suprecourt, to abolish that of local courts to restrict the procuratorate's authority of instituting the adjudicatory supervision procedure through lodging a protest, and to establish action of adjudicatory supervision procedure.