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民事诉讼法修正草案对现行民事诉讼法第十四条的修正,固然将目前在实践中比较成熟的抗诉、检察建议这两种监督方式通过修正立法予以了确认,但同时这种修正也使得检察监督的方式成为封闭性的,建议将本条修正案改为“人民检察院有权以检察建议、抗诉等方式对民事诉讼实行法律监督。”修正草案规定调解书只在损害社会公共利益情形下,检察机关才可予以监督,建议放开检察机关对调解的监督范围,与法院系统内部对调解的监督范围相一致,只要检察机关发现调解书违反自愿原则或其内容违反法律的,均可提出再审检察建议或抗诉。修正草案中要求当事人先穷尽向人民法院提出再审申请的救济途径,才能再向检察机关申请抗诉,建议删除这一规定。
Although the amendment to Article 14 of the current Code of Civil Procedure, the amendment to the Civil Procedure Law, confirms the two methods of supervision, which are relatively mature in the current practice of protest and procuratorial proposals, through the amendment of the legislation. At the same time, this amendment also makes procuratorial The mode of supervision has become closed, and it is proposed to change this amendment to “People’s Procuratorate has the power to exercise legal supervision over civil actions in the form of procuratorial suggestions, protest, etc.” The amended draft stipulates that mediation should be conducted only in cases of damage to public interests , The procuratorial organ may supervise it. It is suggested that the scope of supervision over mediation by the procuratorial organs should be liberalized so as to be consistent with the scope of supervision within the court system for mediation. As long as the procuratorial organ discovers that the conciliation statement violates the voluntary principle or its content violates the law, Reexamination of prosecutors or protest. The draft amendment requires the parties to exhaust the remedy provided for retrial to the people’s court before they can apply to the prosecution for protest. It is suggested to delete this provision.