从民事再审程序两个理论问题谈我国民事再审程序的重构

我国学术界对我国民事再审程序提起主体和再审程序中举证时限问题的论争很多。当事人申请再审诉权、申诉权的特性及其与检察院、法院审判监督权的对立统一关系说明,有必要保留检察院、法院提起民事再审程序的权力。我国民事再审程序中当事人举证时限制度也需要进一步完善。至此,我国民事再审程序需要重构。

Discussion About the Reconstruction of Our Country's Civil Retrial Procedure from Two Theoretical Problems of the Civil Retrial Procedure

There are many opinions about the main bodies of submitting the civil retrial procedure and the time limit of giving evi-dences in the academic circles of our country, the features of the clients' right of applying for the civil retrial procedure and appeal, to-gether with the relationship of the unity of opposites between the power of supervising trial by the procuratorates and the courts and theclients' right of applying for the civil retrial procedure and appeal, implying that the power of submitting the civil retrial procedure bythe procuratorates and the courts should be kept necessarily, meanwhile, the system of the time limit of giving evidences by the clientsneeds further amending as well.On account of these, the legislative proposals of reconstructing our country's civil retrial procedureshould be put forward.