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修正后的民事诉讼法新增第二百一十条,确立了民事检察调查权,强化了检察机关对民事诉讼的法律监督,但是该项权力的内含、范围、手段、程序等等却尚未明确,制约了其在司法实践中作用的发挥,亟需加以探讨和研究。本文通过梳理民事检察调查权的演变过程,分析调查权的概念和内含,论证探讨了调查权的范围、采取的措施、调查结果的效力以及需要完善的配套机制等,以期能使调查权在司法实践中发挥更好的作用。
Article 210 of the amended Civil Procedure Law has been added, the right of investigation through civil procuratorial work has been established, and the procuratorial organs have strengthened the legal supervision of civil litigation. However, the scope, means, procedures and so on of this power have not yet been Clearly, it restricts its role in judicial practice, which urgently needs to be explored and studied. This article analyzes the evolution of civil prosecutorial investigative power, analyzes the concept and implications of investigative power, discusses the scope of investigative power, measures taken, the effectiveness of the findings and the need to improve the supporting mechanisms, in order to make the investigation right Play a better role in judicial practice.