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从前苏联解体到俄罗斯,尽管政治体制发生了巨变,但其民事检察制度却几经变化又回到了原点,最后基本上保持了前苏联民事检察的原貌,其法律监督的基调仍然未变。深受前苏联监督基调影响的我国民事检察制度的变革虽势在必行,但无论从宪政还是从理论正当性的角度来看,其法律监督的基调都不应该也不可能予以改变。换言之,未来民事公诉的兴起,并不意味着我国现行民事抗诉监督制度的必然终结。
Although the political system changed dramatically from the former Soviet Union to Russia, its civil procuratorial system returned to its origin after several changes. In the end, the original procuratorial system of the former Soviet Union was basically maintained. The tone of legal supervision remained unchanged. The reform of our country’s civil prosecution system, which is deeply influenced by the supervision of the former Soviet Union, is imperative. However, neither the constitutional nor the legitimacy of the theory should change its legal supervision tone. In other words, the rise of civil prosecution in the future does not mean the inevitable termination of the current civil protest system in our country.