Procedure for trial supervision is a measure and method that must be obeyed when a case should be properly handled , which is only aimed at the case that has possessed legal effect . but still has errors too . the procedure for trial supervision will correct such case through a trial again 审判监督程序,是对判决和裁定已经发生法律效力而又确有错误的案件,通过重新审判,加以纠正,使案件得到正确处理时所应遵循的步骤、方式、方法。
In the treatise , the author believes that civil procedure for trial supervision is a procedure that people ' s procuratorate , on the basis of legal supervision rights , or a party to an action , on the basis of rights to apply for retrial , finds that there is error in a legally effective judgment or mediation agreement made by a people ' s court and asks for the court to retrial 笔者认为,民事审判监督程序是指人民检察院基于法律监督权,当事人基于再审申请权,认为人民法院已生效的民事判决或调解协议确有错误,依照法定程序,要求人民法院并由人民法院依法对该案件进行再审的程序。
As an error - correcting procedure , the procedure for trial supervision is not a necessary adjudicative procedure for every case , but a legal form to realize trial supervision . the procedure for trial supervision plays an unsubstituted important role in protecting the people ' s legitimate rights and interests , and safeguarding judicial justice 作为一种纠错程序,审判监督程序不是每个案件都必经的审判程序,是实现审判监督的一种法定形式,对保护人民群众的合法权益,维护司法公正,有着不可替代的重要作用。