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民事审判监督程序在我国的民事审判程序中具有十分重要的地位。但现行民事诉讼法对审判监督程序的规定却存在诸多缺陷 ,客观上阻碍了该程序的有效运用 ,确有修改完善之必要。本文立足于对再审条件、申请再审与申诉的关系以及再审举证等问题的立法分析 ,提出了修正再审条件、设立再审之诉、规范举证时限等立法建议与具体操作构想
Civil trial supervision procedure plays a very important role in our country’s civil trial procedure. However, there are still many defects in the current civil procedure law on the procedure of trial supervision, obstructing the effective use of the procedure objectively and making it necessary to amend and perfect the procedure. Based on the analysis of the conditions of retrial, the relationship between the application for retrial and appeal as well as the evidence of retrial and proof, this paper puts forward the legislative suggestions and specific operational ideas such as the conditions of revision of retrial, the establishment of retrial proceedings and the regulation of the time limit of proof