法、德、日三国民事再审程序的比较研究

民事诉讼再审程序(civil retrial procedure)主要存在于以法国、德国和日本为典型代表的大陆法系国家.法、德、日三国民事再审程序的具体制度虽然有所不同,但三国都将再审规定为一种规范的再审之诉,对提起再审的法定事由都作了明确、具体的规定,而且对当事人提起再审之诉都作了严格限制.借鉴三国民事再审制度的有益经验,对完善我国民事再审程序有积极的作用.

The Comparative Research of the Civil Retrial Procedures among France, Germany and Japan

The civil retrial procedures mainly exist in code law countries which was typically represented by France, Germany and Japan. Although France, Germany and Japan have different regulations on civil retrial procedures, yet they all stipulate the retrial as standard civil retrial procedures; they give a definite and detailed stipulation about the legal causes that can be brought to retrial; moreover, they put strict restriction on the right of the party that brings to the civil retrial procedures. How to use valuable experience of these three countries' civil retrial system for reference has a positive effect on perfecting our nation's civil retrial procedures.