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对人民法院已生效的错误的民事行政案件判决、裁定按审判监督程序提出抗诉是法律赋予人民检察院的重要监督职能之一。但从检察监督实践来看,检察机关向人民法院提出的抗诉案件法院改判率低,这极大地削弱了检察机关的监督作用。因此,总结民事行政抗诉案件改判率低的成因,进而寻求破解之道成为当务之急。文章对这一问题提出见解。
The ruling on the wrong civil administrative cases that the People’s Court has taken effect and ruled that protesting according to the judicial supervision procedure is one of the important supervisory functions entrusted by the law to the people’s procuratorate. However, judging from the procuratorial and supervisory practices, the prosecutorial organs have submitted to the people’s court protest cases with low court-res judicata rates, which have greatly weakened the supervisory role of procuratorial organs. Therefore, it is urgent to sum up the causes of the low rate of resignation in the case of civil administrative protest and then to seek the solution. The article gives an opinion on this issue.