修改后的民事诉讼法和已颁布实施的《行政诉讼法》都赋予了人民检察院民事、行政诉讼检察监督权。但在司法实践中,检察机关的民事、行政诉讼检察监督权往往被弱化,带有被动性、事后性,甚至有人提出应废除或取消检察监督权。理由是:检察监督制度必然弱化法院的独立审判权;检察机关的抗诉,将对法院的终审权带来影响,增加诉讼成本; Both the amended Civil Procedure Law and the Administrative Procedure Law promulgated and implemented have given people’s procuratorates civil and administrative litigation procuratorial supervision. However, in judicial practice, procuratorial and procuratorial supervision over procuratorial organs is often weakened, passive and ex post facto and some even propose that the powers of procuratorial supervision should be abolished or abolished. The reasons are as follows: procuratorial and supervisory system must weaken the court’s right of independent jurisdiction; procuratorial organ’s protest will have an impact on the court’s final adjudication and increase litigation costs;