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在实际审判中,法官有时候会由于认识的局限性导致错误的判决或者其他不当诉讼行为,这种情况在本质上不同于枉法裁判。针对这类情况,要在划清诉讼责任范围的基础上尽量避免在程序外追究法官个人责任,强化审判主体程序内的诉讼责任,这不仅会减轻审理和判决压力,而且对于规范诉讼行为具有很强的现实意义。本文就民事诉讼的体制在现阶段存在的问题和实体性再审事由和法院诉讼责任范围进行探究分析。
In the actual trial, judges occasionally lead to wrong judgments or other improper litigation due to the limitations of cognition. This situation is essentially different from the perverted judgments. For such cases, we should try to avoid investigating the individual responsibility of the judge outside the procedure and strengthening litigation responsibility within the procedure of the trial subject, which not only relieves the pressure of trial and judgment, but also has great impact on regulating the litigation behavior Strong practical significance. This article explores the problems existing in the system of civil litigation and the reasons for the substantive retrial and the scope of the court litigation.