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依职权监督是民事检察监督的启动方式之一,修改后民事诉讼法生效后,虽然检、法两家对于依职权监督当事人申请是否应当作为前置程序存在分歧,但《人民检察院民事诉讼监督规则(试行)》确认了检察机关依职权监督的权力和范围。在实践中,对上述规定的理解和适用,仍有待进一步明确和完善。一、认定民诉法第二百零八条和第二百零九条关系的分歧民事诉讼法的修改,让检法两部门对一些法条的理解出现了分歧,其中,第二百零八条
Supervision by authority is one of the ways of initiating civil procuratorial supervision. After the amended Civil Procedure Law came into effect, although both the prosecutorial and the judicial authorities were divided over whether to supervise the parties’ application as a pre-process, the People’s Procuratorate Rules on Civil Procedure Supervision (Trial) "confirms the power and scope of procuratorial organs to supervise according to their powers. In practice, the understanding and application of the above provisions still need to be further clarified and improved. First, finds differences between the Article 208 and the Article 209 of the Civil Procedure Law The revision of the Civil Procedure Law made the two departments of the prosecution and the law disagree on the understanding of some laws and regulations. Among them, the two hundred and eighth Article