论我国民事再审制度的改革与完善-诉讼法学专业论文.docxVIP

1 1 2 2 Abstract Civil retail procedure is a special trail system of china civilprocedural system, as well as the recovery procedure of civil procedure. The current civil retrial procedure has many disadvantages: sharpincrease of civil retrial cases, final judgment being not final, chaosin litigation order leading to low efficiency and instability of judicialprocedure. It is unavoidable task to remand the current civil retrialprocedure. Reformulates our country civil retrial system, we may do following several aspects: We should overcome the absolute wrong tendencies guiding ideology which is “right wrongs by seeking truth from facts,” Reaffirm civil purposes, ensure the exercise of the right of the parties, establish and maintain effective balance between correcting mistakes judgment and stability、authority, achieve the balance of relief to flaw judgment and res judicata, coordinate social justice and order, which should be new guiding ideas of civil retrial system. In Modern judicial philosophy, the maintenance of res judicata is still a very core principle. To safeguard Law order established by the judgment, enhance the authority and finality of a magistrate, our country’s civil retrial system should be re-established. We should recognize the establishment of res judicata and build theoretical system retrial. In order to coordinate res judicata and the retrial system, we must correctly balance the relations, through the strict limit to retrial conditions to build the limited retrial system, to maintain the finality of judgment. Reconstructs the civil retrial system, must cancel court decision-making of retrial, attenuate procuratorate to retrial for appeal, only the party have right to initiate a retrial. When it involves the national interest or the social public interest case, procuratorial agency can has the right to ask for retrial as litigant’s status prosecution. Construction of the civil retrial, a retrial should not be repeated in the Civil Procedure Law,