民事再审申请审查程序是案件进入再审审理的前置程序。中国对民事再审申请审查程序的立法供给严重不足,随着人民群众司法监督的能力及水平不断提高,民事再审申请的案件数量逐年大幅增加,出现诸多现实问题,亟须进行立法重构。建议重新构建一套完备的审查程序敞开入口,并通过审理程序适当收紧出口,实现当事人申请再审法律需求与人民法院生效裁判稳定性的有效统一,为民事审判监督程序功能的发挥打下坚实的基础。
<<The review procedure of civil retrial application is the pre-procedure of the retrial of a case. There is a serious shortage of legislative supply for the review procedure of civil retrial application in China. With the continuous improvement of the People’s ability and level of judicial supervision,the number of civil retrial applications has increased substantially year by year. But there are many practical problems,it is urgent to reconstruct the legislation. It is suggested that a complete set of review procedures should be reconstructed,and the export should be appropriately tightened through the trial procedure,so as to realize the effective unification between the parties’ legal needs for applying for retrial and the stability of the effective judgment of the people’s court,and to lay a solid foundation for the function of civil trial supervision procedures.
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