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民事诉讼发回重审制度是民事诉讼程序制度体系中的重要组成部分,承载着监督民事诉讼程序的运行、维护当事人审级利益、维护审级制度恒定的价值。我国民事诉讼发回重审制度自设立之初,在纠正下级法院错误,维护当事人程序利益方面发挥了巨大作用。但是,由于立法本身的局限性以及社会环境的变化,使得民事诉讼发回重审制度在司法运行中产生了诸多问题,但是我们欣喜地看到了2012年8月《民事诉讼法修正案》中关于民事诉讼发回重审制度立法的进步之处。有鉴于此,笔者认为对民事发回重审制度有重新理解认识并持续改进之必要。
The system of sending and retrial of civil litigation is an important part of the system of civil litigation. It carries the functions of supervising the operation of civil litigation, safeguarding the interest of the litigants and maintaining the constant value of the auditing system. Since the establishment of the system of sending and retrial of civil litigation in our country, it has played a great role in correcting the mistakes of the lower court and safeguarding the interests of the parties. However, due to the limitation of the legislation itself and the change of the social environment, many problems have arisen in the judicial operation of the civil litigation system. However, we are delighted to see that in the Amendment to the Civil Procedure Law of August 2012, The Improvement of the Legislation of Retrial System in Litigation. In view of this, I think it is necessary to re-understand and continuously improve the civil remand system.