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检察机关以抗诉方式对民事诉讼实行法律监督是我国民事诉讼法设置的一项颇具中国特色的检察监督制度。它的建立对于维护司法的公平与正义起到了积极的作用。然而近年来我国理论界及实务界对此项制度的存废产生了激烈的争论,且明显的呈现出废除和加强的两派观点。2007年10月底通过的全国人大常委会关于修改《中华人民共和国民事诉讼法》的决定,似乎是走“加强派”路线,引起了更加广泛的关注。本文通过对存废两派观点的回顾和梳理,以及对我国修改后的民事诉讼法的解读,试图围绕民事检察监督制度的完善表达出一些看法。
Procuratorial organs to protest against civil litigation is the legal supervision of China’s Civil Procedure Law set a fairly Chinese characteristics procuratorial and supervisory system. Its establishment has played a positive role in safeguarding the justice and justice of the judiciary. However, in recent years, theoretical circles and practical circles in our country have fiercely argued about the existence and abolition of this system, and have obviously shown two viewpoints of abolishing and strengthening. The decision of the NPC Standing Committee passed by the end of October 2007 on amending the “Civil Procedure Law of the People’s Republic of China” seems to be based on the principle of “strengthening the party” and attracts more extensive attention. By reviewing and combing the views of the two parties, as well as the interpretation of the amended Civil Procedure Law in our country, this article attempts to express some opinions on the improvement of the system of civil procuratorial supervision.