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新民事诉讼法扩大了检察机关的民事抗诉权,提升了检察机关在民事诉讼中的地位。但检察机关在我国民事诉讼中的作用仍旧比较模糊,缺乏清晰的目标引导。为解决此问题,应当避免检察机关在民事诉讼中抗诉权的盲目扩张,必须细化其权力行使的方式,引导其进行角色的转换,吸纳其作为诉讼主体参与到特定诉讼中,使检察机关真正融入到民事诉讼中。
The new code of civil procedure has expanded the procuratorial organ’s right of civil protest and promoted the procuratorial organ’s position in civil litigation. However, the role of procuratorial organs in civil litigation in our country is still rather vague and lack of clear goal guidance. In order to solve this problem, procuratorial organs should avoid the blind expansion of protest rights in civil litigation. It is necessary to refine the way in which power is exercised, guide them to change their roles, and take part in litigation as the main body of litigation so as to make procuratorial organs truly Into civil proceedings.