民事发回重审制度的检讨与重构

现行民事二审发回重审制度存在很多弊端,在司法实践中出现变形和扭曲,有违该制度设立初衷。两大法系国家对发回重审的制度规定可以借鉴来重新定位我国的发回重审制度,文章从废除因事实、证据原因导致的发回重审,明确程序性发回事由,严格发回重审案件审限,改革发回重审裁判文书等入手,提出完善民事发回重审制度的方法。

Self - Criticism and Reconstruction about the Civil System of Sending Back and Rehearing

There are a lot of drawbacks in a lot of drawbacks the current system of sending back and rehearing in civil second instance.So the deformation ap pears in the judicial practice which has violated the original intention when this system had been established.We can take the system of sending back and rehear ing in the countries of two fundanental laws departhents for reference,reorient ating the system of sending back and rehearing in our countries.The author is to put forward and perfect the civil system of sending back and rehearing from the aspects of abolishing the sending back and rehearing system caused by fact and evidence reason,defining the incident sent back procedurally,limiting the date of the system of sending back and rehearing strictly,reforming the judgement documents of the system of sending back and rehearing,etc.