一般的民事再审案件审理时，仍由原审原、被告双方承担举证责任及其法律后果。可是，因检察机关抗诉而引起的再审，由谁来承担抗诉理由的举证责任及其法律后果？目前，我国法律和司法解释中对此均无明文规定。笔者认为，审理因抗诉而引起再审的民事案件，应由抗诉机关承担当庭 During the trial of a general civil retrial, both the original trial and the defendant still bear the burden of proof and their legal consequences. However, the procuratorate protest caused the retrial, who bear the burden of proof of the grounds of protest and its legal consequences? At present, there is no express provision in this regard in our laws and judicial interpretations. The author believes that hearing the civil case retrial due to protest should be held by the protest authority