论法院调解书再审之完善

摘要

当前的法院调解书再审司法监督主体缺失，事由简略，既不符合法院调解书性质的内在需求，也难以满足法院调解复兴的客观需要，有必要依据“查明事实，分清事非”的标准，遵循合法原则，对其加以相应的完善，进而为相关当事人合法权益的保障提供坚实的基础。%Currently, the subject of judicial supervision has no power to start the retrial of court - conciliation statement. Besides, the items of the retrial of court - conciliation statement are extraordinary simple. It is short of the essential requirement of the quality of court - conciliation statement and dropped behind the historical trend of the revival of court - conciliation statement. As a result , both ＂bringing to trial by facts and the law＂ and ＂law principle＂ should be perceived as the most important foundation to develop the retrial of the system . Furthermore, it provides better legal protection for parties.