民事再审之诉的构成要件——以再审诉权为视域的分析

现行以审判监督权为理念而构建的民事再审程序是造成司法实务申诉难与申诉不断的体制性因素,必须以再审诉权原理对之加以改造。基于再审诉权的要求,应扩大再审之诉客体的范围;赋予与再审裁判有法律上利害关系的案外人申请再审的权利;明晰再审案件的管辖法院,并对当事人申请再审设定不变期间与最长期间的双重时限。

Component Elements to Appeal for Rehearing Civil Cases——Analysis from the perspective of rights for Rehearing

The current rehearing procedure,constructed on the concept of jurisdiction supervision rights,is the systematic element that has caused difficulty and high frequency in appealing for justice about judicial cases.It must be improved according to the principle of rehearing rights,based on the principle of which,the following points should be covered:enlarge the extent of objects to appeal for rehearing;endow people who are not involved in the case but legally related to the rehearing judgment the rights to ask for rehearing;make clear the court in charge of the case for hearing and set double time limits of invariant period and longest period for litigants to apply for rehearing.