再审申请状,是民事案件韵当事人,认为已经发生法律效力的判决、裁定、调解协议有错误,依法向原审人民法院或上一级人民法院请求按照审判监督程序,对案件进行再审时所制作,使用的一种诉讼文书。 申请再审,是法律赋予当事人的申诉权利,它有利于维护当事人的合法权益,也有利于保证人民法院正确地适用法律。它是社会主义的法制原则在民事诉讼法中的一种具体表现。根据我国民事诉讼法第一百八十二条的规定,在人民法院作出的判决、裁定或者调解书发生法律效力后的二年内,当事人可以依法行使申请再审的权利。不过,当事人在行使此项权利时,一般应借助“再审申请状”这种诉讼文书的形式向人民法院提出请求。“再审申请状”不仅是当事人申请再审意思表示的确定性记载,它还是人民法院进行审查,决定是否受理的不可缺少的依 The application for retrial is made by the parties to the ruling of civil cases that the ruling, ruling and mediation agreement that have taken legal effect have been found to have been made to the trial court or the people’s court at a higher level in accordance with the procedure for trial supervision and retrial of the case, A litigation document used. The application for retrial is the right of appeal given to the parties by the law. It is good for safeguarding the legitimate rights and interests of the parties concerned and also for ensuring that the people’s courts apply the law correctly. It is a concrete manifestation of the socialist legal principle in the Civil Procedure Law. According to the provisions of Article 182 of the Civil Procedure Law of China, within two years after the verdict, ruling or conciliation statement handed down by the people’s court has taken effect, the party concerned may exercise the right to apply for retrial according to law. However, when exercising this right, the parties should, in general, make a request to the people’s court in the form of litigation documents such as “remand application form”. The “retrial application form” is not only a definitive record of the parties’ intention to apply for retrial, it is also an indispensable basis for the people’s court to review and decide whether to accept or not