关于重构民事再审程序的几点思考

再审立法指导思想的重构应当立足于 :以公正为基础 ,效益为关键 ;实体与程序并重 ;以诉讼权利为本位。构建以当事人申请再审为主、检察院抗诉为辅、法院居中裁判、不告不理的再审诉讼运作模式 ,是现代诉讼理念的要求。再审理由应当重新予以科学设定。

Some Reflections on Reconstructing Civil Retrial Procedure

Reconstruction of guiding ideology for retrial legis la tion should be grounded on such ideas as putting justice as a basis, viewing ben efit as the key, paying equal attention to both substantive and procedural thing s and making litigation right-oriented. It is a requirement of modern litigation ideology that retrial litigation operating model should be reconstructed around such thoughts as taking parties-applied retrial as the principal and taking pro curatorate-protested retrial as the secondary, making court judgment impartial a nd adopting no-action-without-request policy. Reasons for retrial should be scie ntifically re-defined.