民事再审新证据适用的困境与完善

摘要

我国民事再审新证据的立法层次不高，规定不甚明确，导致司法人员理解差异较大，适用时掌握标准不统一。类似案件的裁判结果出现差异，有损裁判的公信力和司法权威。司法实践中应当适度从宽掌握认定新证据的标准，科学合理地界定再审新证据。%The legislation rank about new evidence in judicial adjudication is low, the norm is not very clear and definite, which leads to some comprehension difference in judicial official, bringing about different results in similar cases. Such results damage the judicial authority. There is a need to relax the standard of new evidence affirming so as to carry out scientific and reasonable definition.