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我国《民事诉讼法》对民事抗诉制度含义作出了解释,即由人民检察院向人民法院提出抗诉,要求法院对确有错误,已经发生法律效力的民事案件判决、裁定进行再审。在2012年《民事诉讼法》修改中,对民事抗诉制度也作出了修改并增加了新内容,2015年民诉司法解释随之出台,使得法院、检察院、当事人三者之间的权利义务关系更加明确。但随着社会需求的日益增加,民事抗诉制度仍需不断完善。文章认为在民事抗诉制度中,当前应当尽快解决抗诉事由、调查取证范围、抗诉审级漏洞等问题,以此来推进我国民事抗诉制度的重构。
Our Civil Procedure Law explains the meaning of the civil protest system, that is, the People’s Procuratorate lodged a protest with the people’s court and required the court to re-evaluate the verdict and ruling of the civil case that has its own mistakes and has taken legal effect. In the revision of the 2012 Civil Procedure Law, the civil protest system was also amended and added with new contents. In 2015, the judicial interpretation of civil prosecution came forth, making the rights and obligations of courts, procuratorates and parties more compulsory clear. However, with the increasing social needs, civil protest system still needs continuous improvement. The article holds that in the civil protest system, the cause of protest should be resolved as soon as possible, the scope of investigation and evidence collection, the loopholes in the protest at the trial level and so on, in order to promote the reconstruction of civil protest system in our country.