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军内民事检察监督权是对军内民事审判权的监督,同时也是对军内当事人权利的救济。在军事法院普遍开展民事审判工作后,为监督国家法律在军队的正确实施,维护军队的高度稳定与统一,军事检察院应尽快推进军内民事检察监督的实施。目前军事检察院应在维护部队安全稳定和巩固战斗力、充分尊重军内当事人合法处分权、合理配置军事检察资源的原则下确定军内民事检察监督的范围,通过抗诉、检察建议的方式进行民事检察监督,从现实情况来看,还应赋予军事检察机关提起民事诉讼的权力。
The civil procuratorial and supervisory authority in the military is the supervision over the civil judicial power within the military as well as the relief to the rights of the parties within the military. After the military courts generally conduct civil trial work, in order to supervise the correct implementation of the national laws by the military and maintain the high degree of stability and unification of the armed forces, the military procuratorate should push forward the implementation of procuratorial supervision within the military as soon as possible. At present, the military procuratorate shall determine the scope of civil procuratorial supervision within the army on the principle of safeguarding the security and stability and consolidating the combat effectiveness of the armed forces, fully respecting the parties’ legitimate disposition rights within the armed forces, and rationally allocating military procuratorial resources, and conducting civil procuratorial supervision through protest and prosecutorial suggestions In reality, the procuratorial organs should also be given the power to bring civil suits.