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民事抗诉学说中废除说、限制说、加强说是不全面的,完善说符合我国国情和法制建设的需要。民事抗诉属公权力行为,抗诉过程充分体现当事人地位平等和诉讼平等,检察机关只发挥程序性启动再审的作用,实体判断仍由法院完成。协调民事抗诉与当事人处分权之间的关键是,涉及私人利益时应充分尊重当事人处分权;涉及社会公共利益时,则以职权主动抗诉。由于我国民事抗诉制度立法粗糙和原则抽象,迫切需要修改完善。
In the civil protest doctrine, it was abolished that the restrictions should be said that strengthening the theory was not comprehensive and that it was in conformity with the requirements of our country’s national conditions and the construction of the legal system. Civil protest is a public power act, protest process fully reflects the equal status of the parties and litigation equality, prosecutors only play a procedural role in the re-trial, the entity still judged by the court to complete. The key between the coordination of civil protest and the disposition of parties is that when it comes to private interests, the disposition rights of the parties should be fully respected. When public interests are involved, protests are made on their own initiative. Due to the rough legislation and abstraction of principle in China’s civil protest system, it is urgent to revise and perfect it.