对于一审生效裁决,再审检察建议作为对民事抗诉权的缓冲,其主要功能是与法院内部纠错机制相衔接。修订后民诉法对再审检察建议的立法设置存在缺陷,规范和完善对一审生效裁决的建议再审,应当将未上诉正当理由法定化并予以明示,同时,将建议再审事由从抗诉事由中分离出来,并遵从程序分类建构和立法协调原则,将再审检察建议的启动权归属于检察长。 As for the first instance ruling, the proposal of retrial and prosecutorial review, as a buffer against the right of civil protest, has its main function of linking with the error correction mechanism within the court. The revised Civil Procedure Law has some defects in the legislative setup of the review of prosecutors’ appeal. It also regulates and perfects the proposed retrial of the first instance. It should be legalized and clarified the reasons for not appealing. At the same time, the proposed retrial should be separated from the cause of appeal , And follow the principles of procedural classification and coordination of legislation and attribution of the power of initiating the review and prosecution to the Attorney General.