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检察权介入民事诉讼的目的是保护当事人权利和维护法律秩序,但是,必须以民事权利或者法律秩序遭到破坏为前提。在我国的民事诉讼制度结构下,检察权是基于监督的立场介入诉讼,不会破坏当事人诉讼地位的平衡,不会必然侵犯诉权;民事检察监督不是干预民事审判,其目的是为了维护民事审判的公正。检察权在民事诉讼中运行时,应注意几种关系,即诉权和审判权对检察权的制约,检察权对诉权和审判权的制约、检察权对审判权和诉权的保障,但是也要避免检察权在民事诉讼中运行可能造成的消极影响,应该保障检察权、诉权和审判权在民事诉讼中对立统一的协调运行。
Procuratorial power to intervene in civil litigation is to protect the rights of litigants and to maintain the legal order, but must be based on civil rights or the legal order was destroyed as a precondition. In China’s civil litigation system structure, procuratorial power is involved in the litigation based on the supervisory position, will not undermine the balance of litigation status of the litigants, and will not inevitably infringe the right of action. Civil procuratorial supervision is not an intervention in civil trials, and its purpose is to safeguard the civil trial just. Prosecutorial power in civil litigation should pay attention to several relationships, that is, the right to prosecute and judicial power to procuratorial power, procuratorial power to prosecute and jurisdiction, and prosecutorial power to adjudicate and prosecute, but also to avoid The negative influence that the prosecutorial power may have in running a civil lawsuit should ensure that the prosecutorial power, the right to litigation and the judicial power operate in a unified and coordinated manner in civil litigation.