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在我国,民事检察权是人民检察院依照宪法和法律对民事法律的实施所进行的法律监督权。然而,这个权力在民事诉讼法中却被缩小为民事抗诉权,只体现在审判监督程序里并缺乏具体的程序保障。因此,民事诉讼法赋予的法律监督的手段和范围不能实现宪法赋予检察机关法律监督的目的。民事检察权与民事诉讼要交叉对接。交叉必须解决好民事检察权的立法完善问题。为此,我们认为有必要借鉴国外的有益做法,既要补充和完善法律监督的手段和范围,让其实现民事法律监督的目的,又要使我国民事检察权的行使符合司法规律和民事诉讼基本原则。
In our country, procuratorial power is the supervisory power of the people’s procuratorate to carry out the civil law in accordance with the Constitution and the law. However, this power has been reduced to a civil right of protest in the Civil Procedure Law. It is only reflected in trial supervision procedures and lacks specific procedural guarantees. Therefore, the means and scope of legal supervision given by the Civil Procedure Law can not achieve the purpose of legal supervision given by procuratorial organs. Civil prosecution and civil litigation should be cross-linked. Crossing Must Solve the Legislation Perfection of Civil Procuratorial Power. To this end, we think it is necessary to learn from the useful practices of other countries, it is necessary to supplement and improve the means and scope of legal supervision so that it can achieve the purpose of civil law supervision, but also to make our exercise of procuratorial power in line with the law of justice and basic civil procedure in principle.