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修改后的民事诉讼法增加了调解制度、第三人撤销之诉、公益诉讼、小额诉讼、担保物权的实现等制度,对管辖、立案、保全、诉讼程序、申请再审等相关程序进行了修改和完善。但由于立法对新制度的规定大多简单笼统,操作性不强,在适用中出现了不同认识。为明确修改后民事诉讼法的适用,统一裁判尺度,宜在充分调研和论证的基础上开展相关司法解释工作,以丰富和完善机关制度和内容。
The amended Civil Procedural Law has added systems such as the mediation system, the third party’s revocation of litigation, public interest litigation, small litigation and the realization of security interests, etc., and carried out the relevant procedures on jurisdiction, filing, preservation, litigation, retrial and other procedures Modify and improve. However, the legislative provisions on the new system are mostly simple and general, and their operability is not strong. Different understandings have emerged in their application. In order to clarify the application of the amended Civil Procedure Law and unify the standards of adjudication, relevant judicial interpretation should be carried out on the basis of full investigation and demonstration in order to enrich and improve the system and content of organs.