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近二年来,人民法院的民事、经济诉讼中出现了一个不容忽视的动向,反映在一审法院判决结案的案件中,有的当事人对判决不服,认为有错误,要求依法改判,但在法定上诉期限内不提起上诉,而是待法定上诉期过后,采取各种途径提起再审,以图避开二审程序而通过实施审判监督程序实现自己的实体主张.其主要途径一是向原审法院提出申诉,借以由原审法院实行再审;二是向上级法院提出申诉,借以由上级法院提审或指令原审法院再审;三是向检察机关申请抗诉,以图通过抗诉提起再审;四是向人大申诉,通过人大向法院交办、督办,提起再审.
In the past two years, there has been a trend that can not be ignored in the civil and economic litigation of the people’s court. It is reflected in the case where the court of first instance concludes the case that some parties are dissatisfied with the verdict, think there is a mistake and require a sentence change according to law, Not to mention the appeal, but to be the legal appeal period after taking various channels to initiate a retrial, in order to avoid the second instance trial through the implementation of the trial and supervision procedures to achieve their own substantive claims. The first way is to petition the Court of First Instance, by which The trial by the court of first instance shall be retrial; the other is to file a complaint with the higher court to bring the case to a higher court for trial or to order the court of first instance to retrial; third, to apply for protest to the procuratorial organ in the attempt of retrial through protest; fourth, appeal to the people’s congress, Hand over, supervision, filed a retrial.