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检察建议在检察机关的实践活动中的运用由来已久,但由于其传统功能空间并不在检察机关的主业范围之内,因此无论是刑事司法还是民事司法的理论界都对其没有太多的重视。于2012年修改的民事诉讼法(以下简称新民事诉讼法)将检察建议制度引入民事诉讼的检察监督体系内,由此以来,检察建议这样一种司法实践方式就摇身从草根阶层而登堂入室成为新法的改革明星。这种立法上的与时俱进的可能在实务界会受到广泛的欢迎和支持,不过我们还是应当从理论上认真考量,检察建议这种新制度与民事诉讼是否具有适当的兼容性。
Prosecutorial proposals have a long history of application in the practice of procuratorial organs. However, since the traditional functional space is not within the scope of the procuratorate’s main business, neither the criminal judiciary nor the civil judiciary has much to offer Pay attention. Since the Civil Procedure Law amended in 2012 (hereinafter referred to as the “New Civil Procedure Law”) has introduced the system of procuratorial suggestion into the procuratorial and supervisory system of civil litigation, prosecutors have suggested that such a mode of judicial practice evolves from grassroots level to become a The reform star of the new law. Such legislation may keep pace with the times in practice will be widely welcomed and supported, but we should still seriously consider in theory, prosecutors suggest that this new system and the appropriate suitability of civil litigation.