制约因素之一:审限不清。法律只是原则规定“人民检察院对人民法院已经发生法律效力的判决和裁定,如果发现确有错误,有权抗诉”。而对抗诉案件的具体抗诉程序和在每一诉讼环节中的办案期限、案件当事人、诉讼参与人应有的权利和应当履行的义务却未明确规定,以致造成一些案件长期积压。 制约因素之二:审级不明。民事诉讼法和行政诉讼法虽然规定“上级人民检察院对下级人民法院,最高人民检察院对各级人民法院的生效判 One of the constraints: trial limit unclear. The law is only the principle that “the people’s procuratorate shall have the right to protest against the judgment and ruling that the people’s court has legally entered into force if found to be in error.” However, the specific protest procedures against protest cases and the time limit for handling cases in each litigation process, the rights that litigants and litigants should have and the obligations they should perform are not clearly stipulated, resulting in long-term backlogs in some cases. Two constraints: the level of unknown. Although the Civil Procedure Law and the Administrative Procedure Law stipulate that "higher people’s procuratorates shall impose upon the people’s courts at lower levels and the Supreme People’s Procuratorates on the entry into force of the people’s courts at all levels