现实中,对民事诉讼法律监督是否应予加强和完善,不乏模糊的认识甚至是反对声音。为此,有必要从理论上明辨是非,正本清源。民事诉讼法律监督与审判独立有学者提出,民事诉讼法律监督会干扰和破坏法院的独立审判权。笔者认为并非如此。尽管检察机关在审查抗诉案件的时候,必然要对实体处理结果进行判断,并以此作为是否提出抗诉的依据,但这种判断不可能强加于法院,法 In reality, there is no lack of vague cognition or even opposition to whether or not legal supervision of civil procedure should be strengthened and perfected. For this reason, it is necessary to make a clear-cut theory from the original and clear the original. Independent supervision and trial of civil procedure Some scholars suggested that the supervision of civil procedure law would interfere with and undermine the court’s right of independent jurisdiction. I do not think so. Although procuratorial organs in examining protest cases inevitably have to judge the result of the entity’s handling and use it as a basis for protesting against them, such judgments can not be imposed on courts