民事再审之诉若干问题探究

在《民事诉讼法》修正案实施两年多的时间里,司法实践中常常遇到因审判监督程序的＂审查＂和＂再审＂分段进行而导致重复审理,造成司法标准不统一的问题。通过对＂再审之诉＂基本含义的研究,深入分析产生实务难点问题的原因,提出了在现行法律框架内将审查和再审两个阶段＂合二为一＂,确立＂以提审为原则,以指令再审为补充,以指定再审为例外＂以及＂一个法院只能再审一次＂的再审之诉管辖规则,统一并适当提高再审之诉中审查和再审两个阶段的证明标准的解决对策。

Several Problems on Civil retrial

During the ＂Civil Law＂ amendment has been implemented for more than two years,repeated sub-trial are often encountered caused by the ＂review＂ and ＂retry＂ in the trial supervision procedure in the judicial practice as a result,the issue of judicial standards is not uniform.Based on the study of the basic meaning of ＂retrial＂,the author analyzes the reasons of the practical difficulties deeply,and puts forward that these two stages should be combined together within the existing legal framework,and ＂taking the arraignment as the principle,instruction retry as supplementation,specifying the retrial as an exception＂ and ＂a court can only retry once＂ these retrial jurisdictional rules,unifying and appropriately increasing standard of proof solutions of the retrial of two stages of review and retrial.