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针对主张限制或取消民事检察监督的各种观点和理由,笔者认为实不足取。以案件的不确定性使得错案难以界定为由的观点忽视了下列事实:案件的事实、适用的法律和判决均是确定的。这就导致了裁判的惟一正确性以及对错误裁判提出抗诉的合理性。在外观上,民事检察权对民事审判权肯定是一种限制,但这种限制是基于对权力进行必要的约所设定,不同于对正常行使权力的干预。检察院参与诉讼,虽然使诉讼结构发生了变化,但这种变化不会改变控辩平衡,反而会促进诉讼公正。从诉讼经济的角度看,诉讼经济原则要服从于公正原则,为了确保公正,增加一些诉讼环节和程序甚为必要。
In view of various opinions and reasons that advocate the restriction or elimination of civil procuratorial supervision, the author thinks that it is not enough. The fact that the uncertainty of the case makes it difficult to define the wrong case ignores the fact that the facts of the case, applicable laws and judgments are all certain. This leads to the only correctness of the referee and the reasonableness of protesting the wrong referee. In appearance, civil procuratorial power is certainly a limitation on the power of civil jurisdiction, but the restriction is based on the necessary covenant for power, as opposed to the interference with the exercise of normal power. Procuratorate participation in litigation, although the litigation structure has changed, but this change will not change the balance of prosecution and defense, but will promote litigation justice. From the perspective of litigation economy, the litigation economy principle should be subject to the principle of fairness. In order to ensure fairness, it is necessary to increase some litigation links and procedures.