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根据我国宪法规定,检察机关是国家的法律监督机关,而现行民诉法规定,检察机关行使民行检察监督权的唯一方式就是提起抗诉。结合我国法治建设的客观需要,如何科学合理地完善民行检察权能已成民诉法修改的重要议题。民行检察监督职能应扩展至民事诉讼的各个程序(包括立案、审判、执行等阶段),而且对于有关国家利益、社会公共利益的案件,检察机关应有权通过提起民事公益诉讼和支持、督促起诉的方式介入民事诉讼,对民行检察的监督范围、监督方式、监督手段应更为明确。
According to the stipulations of our country’s constitution, the procuratorial organ is the legal supervisory organ of the state. However, according to the current civil procedure law, the only way for procuratorial organs to exercise their power of procuratorial supervision over the people’s communes is to file a protest. In combination with the objective need of our country’s rule of law construction, how to perfect the procuratorial power of the people’s government scientifically and reasonably has become an important topic in the revision of Civil Procedure Law. Procuratorial supervision and oversight functions should be extended to all procedures of civil litigation (including filing, trial, execution and other stages), and for cases concerning national interests and public interests, prosecutors should have the power to prosecute and support, urge The way of prosecution involved in civil litigation, the supervision of the Procuratorate of the scope of supervision, supervision means should be more clear.