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民事抗诉程序是我国检察机关依据民事诉讼法第 1 85条的规定 ,对法院确有错误的生效民事裁判提出抗诉所引起的法律监督程序。其性质既有别于因原告起诉引起的原审民事诉讼程序 ,又有别于审判机关依内部审判监督引起的民事再审程序 ,属于特殊的法律监督性质的诉讼程序。检察机关就错误民事裁判提出抗诉后的再审程序基本上适用原审程序 ,往往造成抗诉权与审判权、监督权与诉权的冲突 ,有必要作些研究。
The procedure of civil protest is the procedure of legal supervision caused by the procuratorial organs of our country, in accordance with the provisions of Article 855 of the Code of Civil Procedure, that has filed a protest against the actual civil judgments that have been made by the court in error. Its nature is different from that of the first instance civil procedure brought about by the plaintiff ’s prosecution, and different from the civil retrial procedure initiated by the judicial organ under the supervision of the internal court. It belongs to a special legal supervision procedure. The procuratorial organ’s application of the procedure of retrial after protesting against wrong civil verdicts basically applies to the original trial procedure, which often results in the conflict between the right of protest and the right of trial, supervision and litigation. It is necessary to make some research.