论我国民事再审制度的重构

现行民事再审制度在具体设计方面存在着诸多弊端,从立法宗旨,到再审发动主体、再审程序,都值得反思。重构民事再审制度,应当考虑终局裁判的司法权威,又保证错误裁判的可救济性,兼顾实体公正和程序安定,公权力慎重介入和充分保障当事人的处分权利。在此基础上,对民事再审制度和程序进行健全和完善。

Research on the System of Retrial

In our civil proceeding ,the system of re-trial is d efective. As talking about the system of re-trial, there are so many things wort hy to be considered, such as the decree on legislation , the body who can arouse the proceeding and even the whole re-trial proceeding. When we reconstmst the s ystem of re-trial, we should assurance both the determinal judgment can be autho rity and the wrong verdict can be reliefed, both the substantive justice and the procedural stablishment, both the public power should be prudentially used and the party's disposal right can be insured. And thus, we'll make this system and proceeding perfect on the bisis of above all.