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我国现行民事诉讼法确立的检察监督制度,限制了检察权在民事诉讼领域的有效行使,远远不能适应市场经济条件下对保护国家利益、社会公益及保证诉讼公正的要求。但完善检察监督制度,必须审慎地处理各种利益和价值的冲突,寻求平衡点,以免矫枉过正。根据我国实际情况,在重构我国民事诉讼检察监督制度时,既要对已有的抗诉制度进行完善,使之便于操作,也要拓宽检察监督的范围,增加检察监犦我国现行民事诉讼法确立的检察监督制度,限制了检察权在民事诉讼领域的有效行使,远远不能适应市场经济条件下对保护国家利益、社会公益及保证诉讼公正的要求。但完善检察监督制度,必须审慎地处理各种利益和价值的冲突,寻求平衡点,以免矫枉过正。根据我国实际情况,在重构我国民事诉讼检察监督制度时,既要对已有的抗诉制度进行完善,使之便于操作,也要拓宽检察监督的范围,增加检察监督的方式,但着重点要放在检察监督“预控力”的扩大上。
The procuratorial and supervisory system established by the current civil procedural law in our country limits the effective exercise of prosecutorial power in the field of civil litigation and is far from being able to meet the requirements of protecting the state interest, social welfare and guaranteeing litigation fairness under the market economy. However, to perfect the procuratorial and supervisory system, we must deal with conflicts of interest and value with caution and seek a balance so as not to overcorrect. According to the actual situation in our country, in reconstructing the procuratorial and supervisory system of civil litigation in our country, we should not only improve the existing protest system, make it easy to operate, but also broaden the scope of procuratorial supervision and increase the procuratorial supervision. Our country’s present law of civil procedure is established Procuratorial and supervisory system has restricted the effective exercise of prosecutorial power in the field of civil litigation and is far from being able to meet the requirements of protecting the state interest, social welfare and guaranteeing litigation fairness under market economy. However, to perfect the procuratorial and supervisory system, we must deal with conflicts of interest and value with caution and seek a balance so as not to overcorrect. According to the actual situation in our country, when we reconstruct the system of procuratorial supervision of civil litigation in our country, we should not only improve the existing system of protest, make it easy to operate, but also broaden the scope of procuratorial supervision and increase the way of procuratorial supervision, On the procuratorial supervision “precontrol” expansion.