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2008年4月实施的《民事诉讼法》对包括民事抗诉在内的审判监督程序作了较大的修改,这一诉讼制度的改造给再审司法实践带来了新的机遇与挑战。一方面,不同审级的法院受理的民事抗诉案件数量出现“上增下减”的局面,并由此带来法院相关业务部门的职能调整与人员变化;另一方面,法律对民事抗诉案件的审理程序规定过于粗略,导致实际操作仍然需要面对诸多依据不明的具
The Civil Procedural Law, which was implemented in April 2008, greatly changed the procedure of trial supervision including civil protest. The transformation of this litigation system has brought new opportunities and challenges to the judicial practice of retrial. On the one hand, the number of civil protest cases accepted by courts at different levels of court appeals to “ups and downs”, which in turn leads to the functional adjustment and personnel changes in the relevant business departments of the court; on the other hand, The trial procedure of the case is too rough, which leads to the fact that the actual operation still needs to face many uncertainties