民事再审发回重审制度在我国司法实践中被广泛使用,但也存在诸多问题,如增加当事人的讼累、浪费有限的司法资源等,从而使司法的公信力和权威受到挑战。为此,有必要在立足对现状考察的基础上,通过分析民事再审发回重审率偏高的原因,从立法上取消事实原因发回重审的规定,对违反法定程序发回重审区分对待,设立发交审判制度并建立、健全民事再审发回重审的监督机制。 The civil retrial system is widely used in judicial practice in our country, but there are also many problems, such as increasing litigant litigation and limited judicial resources, so that the credibility and authority of the judicial system are challenged. Therefore, it is necessary to base on the investigation of the status quo on the basis of analyzing the reasons for the high retrial rate of civil retrial, from the legislative abolition of the facts to re-examine the provisions of retrial, in violation of legal procedures sent back to re-examine the distinction between the treatment set up Submit the trial system and establish and perfect the supervision mechanism for the retrial of civil retrials.