浅论我国民事再审程序之完善

本文对我国民事再审制度的理论缺陷和给司法实务带来的严重问题进行剖析, 指出现行再审制度未有起到保护当事人诉权的作用, 形同虚设, 法律规定由法院、检察院启动再审程序, 为他们滥用实权、任意剥夺当事人诉权、搞权钱交易、司法腐败提供了条件。笔者根据民事诉讼理论和中国的实际, 提出了废除法院依职权启动再审程序、限制检察院启动再审程序。当事人申请再审只要符合形式要件法院即应受理再审等一系列改革建议。

On the Improvement of the Civil Retrial Procedure

This paper discusses the theoretical defects of the civil retrial procedure in our country which lead to the serious problems in legal practice. It points out that the civil retrial procedure fails to protect litigating rights of the litigant. The regulation that the civil retrial procedure should be initiated by the court and the procuratorate actually fosters their abuse of power, deprivation of litigating rights of the litigant, deal between power and money as well as judicial corruption. Based on the theories of civil actions and the reality in China, the author proposes a series of suggestions in this paper. For example, it is advisable to abolish the right of court and limit the right of procuratorate in initiating the civil retrial procedure; the court should accept and hear the case as long as the appeal of the litigant meets the formal requirements.