检察机关对民事诉讼活动实行法律监督,是健全与完善我国社会主义民主与法制的重要措施,它对于保证法律的正确实施,保护当事人和其他诉讼参与人的合法权利,保障人民法院正确行使职权,维护国家法制的尊严,有着十分重要的意义。但是,在具体工作中,对检察机关的“监督抗”应向哪级法院提出和由哪级法院再审认识不一致,存在较大分歧。一种意见认为,检察院按审判监督程序提出的抗诉,应当向同级人民法院提出,并由同级法院再审;另一种意见认为,检察机关按审判监督程序提出的抗诉,应向原审机关提出,并由原审机关再审即原是一审法院作出发生法律效力的判决、裁定的,人民检察院应当向原 The procuratorial organs carry out legal supervision over civil procedure activities, which is an important measure to improve and perfect our socialist democracy and legal system. It guarantees the correct implementation of laws, protects the legal rights of parties and other participants, guarantees the people’s courts to properly exercise their powers, It is of great significance to safeguard the dignity of the state legal system. However, in the specific work, there is a big discrepancy between what level of court supervision should be given to procuratorial organs and what level of court cognizance should be re-examined. One opinion is that the protest proposed by the procuratorate on the basis of the trial supervision procedure should be submitted to the people’s court at the same level and re-tried by the court of the same level. Another view is that the protest initiated by the procuratorial organ under the judicial supervision procedure should be submitted to the original trial organ , And retrial by the original trial organ that was originally a court of first instance to make legally binding judgments, ruling, the people’s Procuratorate should be the original