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民行检察监督调查权是检察机关依法进行民事检察监督的重要保障,但目前理论界与实务界对此认识不一,我国法律也未作出明确规定。文章在梳理民行监督调查权概念不同观点和探寻民行监督调查权法源的基础上,依据民行检察监督工作改革实践,试图科学界定民行监督调查权本质内涵。
Procuratorial supervision and investigation of the investigative power of the people’s procuratorates is an important guarantee for procuratorial organs to carry out civil procuratorial supervision according to law. However, there is no consensus on this issue between theorists and practitioners at present, and our country’s law does not provide any explicit provisions. On the basis of combing the different viewpoints of the concept of investigating and investigating the right of the people’s commu- nity and exploring the source of the law of investigating and prosecuting the people’s communes, this paper attempts to scientifically define the essence of the investigative powers of the people’s supervision and investigation according to the practice of procuratorial and supervision work in the people’s communes.