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在我国司法实践中,如何把握部分新增程序性再审事由有一定困难,出于程序安定性考虑,需要谨慎适用,从严解释。其实,与纠错功能相比,程序性再审事由在扼制程序违法、促进庭审程序规范化方面的功能更为明显,我们应该借助再审事由进一步提高我国民事审判质量,以降低案件再审率。引入诉讼要件理论,规范常规性程序事项的运作,强化辩论权、质证权的实质内容,加强诉讼程序内部制约机制,都有利于减少案件被申请再审的比例。
In our country’s judicial practice, it is difficult to grasp some of the reasons why procedural retrial matters are new. For procedural stability reasons, we need to be cautious and apply strict interpretation. In fact, compared with the function of error correction, the procedural retrial is more obvious in the function of controlling the procedure illegality and promoting the standardization of the court procedure. We should further improve the quality of civil trial in our country with a view to reducing the case retrial rate. The introduction of the theory of the elements of litigation, the standardization of the operation of routine procedural matters, the enhancement of the substantive content of the right of debate and the right of testifying, and the strengthening of the internal control mechanisms in the litigation process are all conducive to reducing the proportion of cases that are to be applied for retrial.