民事再審發回重審的獨立特質及雙重限制模式構建

Independent Trait of Remanding in Civil Retrial Procedure and the Construction of Double-limited Mode

再審程序的特性決定了再審發回重審應具有獨立的結構模式和程序品質。面對我國目前二審與再審中發回重審制度的單一運行範式及再審發回重審率在規範框架內持續走高的非合理現狀，改革的思路是：將再審發回重審與二審發回重審制度予以強制性剝離，確立再審發回重審的非依附性地位，並分別對開啟再審發回重審之門的規範性事由和再審發回重審可運行的程序性階段進行雙重限制。

The characteristics of the retrial procedure determines that the remanding in civil retrial procedure should has an independent structure mode and procedure installment. Facing the current situation that the remanding in second trial procedure and retrial procedure is uniform and the remand rate of retrial procedure is persistently high, we should start by reconstructing the remanding of retrial procedure if we want to accomplish the system reform of retrial procedure. Appropriate reformation of this issue is always taking the characteristics of the retrial procedure oriented and distinguishing sharply between the remanding in retrial procedure and second trial procedure, and then establishing independent standing of remanding in retrial procedure. Moreover, it is time to limit the reasons of starting remanding in retrial procedure and the judicial phases that can be remanded. Through this double-limited mode to strictly protect the reasonable running and operation of remanding in retrial procedure.