关键词: 民事审判, 程序空转, 再审理念, 审判监督

Abstract: The problem of procedural idleness in the practice of civil trial supervision not only increases the burden on the parties involved, but also poses a challenge to judicial authority and credibility. Through the analysis of judicial statistical data on civil cases and civil trial supervision cases, it is found that the root cause of this problem lies in the imbalance of multiple value orientations that leads to deviations in the operation of the trial supervision system, the poor procedural operation that leads to frequent cases falling into the dilemma of retrial cycle, and the relaxation of retrial entry that leads to the abuse of parties’ rights. To effectively address this challenge, it is necessary to promote the return of the concept and value correction of the civil trial supervision system, optimize the civil trial supervision procedure by establishing a unified system of integrating case filing and trial, improving the procedure for remanding civil retrial cases for retrial, strictly limiting the number of times the retrial procedure can be initiated, and optimizing the supervision procedure for civil trials, thereby improving judicial efficiency and fairness. At the same time, it is necessary to establish a prevention mechanism for derivative cases within the lawsuit and a correction mechanism for handling abuse in another case, as well as a linkage mechanism between litigation related petitions and retrial applications, so as to avoid unnecessary consumption of judicial resources. In addition, it is necessary to establish a “three in one” framework that covers prevention, supervision, and correction by combining the front-end, the back-end, and the end of court governance measures, so as to form a complete system for preventing and managing procedural idleness. Finally, it is required to innovatively extend the function of trial supervision and weave a cross disciplinary network for resolving conflicts and disputes, in order to enhance the people’s sense of judicial gain and satisfaction.

Key words: civil trial, procedural idling, retrial concept, trial supervision