浅谈再审民事案件改判的原则

我国《民事诉讼法》虽然规定了再审程序 ,但并没有对再审立案的标准和再审改判的原则做出明确的规定。将“确有错误”作为再审改判的原则不严谨。要确立科学合理的再审民事案件改判原则首先要纠正“实事求是 ,有错必纠”这一不符合民事审判规律的指导思想 ,树立程序公正、实体合理的观念 ,其次要正确处理维持法院终审裁判的权威性、稳定性与纠正有错误的裁判之间的关系 ,再次要尊重和维护原审法官的自由裁量权。

Remarks on the Principles of Which the Retrial Civil Cases Is Changed the Original Sentence

Civil Lawsuit Law has prescribed the retrial procedure, but has not prescribed the standards of it and the principles of changing the original sentence definitely. "The assures errors", the principle of changing the original sentence in retrial, is not precise. In order to establish scientific and reasonable ones, we should correct the guidelines which is not accord with the civil trial rules firstly. Build the concepts of justice procedure and the reasonable entity. Secondly, we should deal with the relationships between sticking up for the authority and stability of final judgment, and correcting the false trial. Thirdly, we should respect and stick up for the judge's free judgment right of first trial.