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在2013年民事诉讼法中,检察机关履行检察监督职能过程中的调查核实权首次予以明确。这是公权力在私法领域内的一次突破。但是,也应该看到,司法者权力行使得当则有效促进司法公正、公平,彰显法治正义;否则,若无相应规制,将导致权力滥用,破坏原、被告诉的平衡,致使参与诉讼各方当事人的权利义务处于长期不稳定状态。另外,无论在理论上抑或在实务上,调查核实权的结果载体即其最终所取得的相关证据材料在诉讼过程中的运用,对民事诉讼证据制度特
In the 2013 Civil Procedure Law, the investigative and verification power of procuratorial organs in performing procuratorial and oversight functions was clarified for the first time. This is a breakthrough made by public power in the field of private law. However, it should be noted that the exercise of judicial power properly promotes the fairness and fairness of the judiciary effectively and demonstrates the rule of law and justice. Otherwise, if there is no corresponding regulation, it will lead to the abuse of power, the destruction of the balance between the original and the accused, and the parties involved in the litigation Rights and obligations in the long-term instability. In addition, both in theory and in practice, the investigation and verification of the results of the carrier that is the ultimate evidence of its use in the litigation process, the evidence of civil litigation system