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我国的民事抗诉制度经历了新民主主义革命时期尝试和新中国建立后的曲折发展,具有国家性、专门性等特征。但这一制度在内容规定上还存在过于概括,有的内容甚至缺失,给实际操作带来了困难,同时在理论上也有争议。在理论界主要是围绕民事抗诉制度是否违背诉讼法理等四个方面进行争论,并形成了废除论、现时保留论等四种不同观点;在实践中,检法两家对抗诉范围的认识存在分歧,抗诉程序复杂,抗诉再审程序不完善,同级检察机关没有抗诉权以及检察抗诉权缺少措施保障等。产生这些问题的原因既有立法上原因,也有法院对检察监督权的非理性限制和检察机关对民事抗诉制度认识不到位,这些都影响了民事抗诉制度在维护法律统一实施方面的作用的发挥。笔者认为,尽管我国民事抗诉制度存在理论上争议,在实践中还有困难,但民事抗诉制度建立以来,在维护司法公正,推进司法进步,维护司法权威等方面发挥了不可替代的作用。民事抗诉制度并不违背诉讼法理,与法院审判独立等也并不冲突。随着民事诉讼法的修改,民事抗诉制度得到进一步完善,笔者结合制约机制,对我国民事抗诉制度的完善进行了分析。
The civil protest system of our country experienced the twists and turns after the new-democratic revolution was tried and the founding of New China. It has the characteristics of nationality and specialty. However, this system is still over-summarized in the content regulation, and some contents are even missing, which brings difficulties to the practical operation and is theoretically controversial. In the theoretical circle, the dissertation mainly discusses four aspects: whether the civil protest system violates the law of procedure and so on, and has formed four different views: the abolition theory and the current reservation theory. In practice, , Complex protest procedures, imperfect retrial procedures, prosecutors at the same level there is no right to protest and prosecutorial protections lack of protection and other measures. The reasons for these problems include not only the legislative reasons, but also the non-rational restriction of procuratorial supervision over the court and the lack of recognition of the civil protest system by the procuratorial organs. All of these have affected the exertion of the civil protest system in safeguarding the unity of the law. Although the theory of civil protest in our country is controversial and there are still some difficulties in practice, the author believes that since the establishment of civil protest system, it has played an irreplaceable role in safeguarding judicial justice, promoting judicial progress and safeguarding judicial authority. Civil protest system does not violate the law of procedure, and the court trial independence does not conflict. With the revision of the Civil Procedural Law, the system of civil protest has been further improved. The author analyzes the perfection of the civil protest system in our country with the restriction mechanism.