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随着审判制度改革的不断深入,民事诉讼领域中审判权与检察抗诉权之间的冲突已日益彰显,影响了法治目标的实现,因民事抗诉制度的改革势在必行。本文拟在分析和评价当前民事抗诉制度的几种主要说法的基础上.从理论和实践两个方面探讨我国抗诉制度的应有品格,以期为今后民事抗诉制度之立法完善提供认识论基础.
With the deepening reform of the trial system, conflicts between judicial power and prosecutorial procuratorial power in civil litigation have been increasingly highlighted, which has affected the realization of the goal of the rule of law. It is imperative to reform the civil protest system. This paper intends to analyze and evaluate the current civil protest system on the basis of several major statements. This paper explores the due character of the protest system in our country from two aspects of theory and practice so as to provide the epistemological basis for the legislative improvement of the civil protest system in the future.