我国修改后民诉法规定了案外人不服生效裁判或者调解书享有三种法定救济途径,即执行异议、申请再审、撤销之诉。然而,在案外人申请再审被裁定驳回后是否有权申请抗诉,法律并无明确规定,从而产生了案外人有无申请抗诉权问题上的立法空白地带。对此,检察机关与人民法院的理解认识与处理态度亦存在差异。司法实践中,不乏法院对于检察机关因案外人申请抗诉而提起抗诉的案件裁定不予受理的情况,因此,有必要对案外人申请抗诉权的“准入”条件予以准确界定。 After the amendment of Civil Procedure Law of China, there are three legal remedies for the outsider refusing to accept the valid judgment or conciliation statement, that is, to execute the objection, apply for retrial, and withdraw the complaint. However, whether the forensic person has the right to apply for a protest after the application for retrial has been adjudged to be adjudicated is not clearly stipulated in the law, thus creating a blank area of ​​legislation on whether or not an outsider has the right to apply for protest. In this regard, procuratorial organs and people’s courts also have different understandings and attitudes towards handling. In the judicial practice, there are many cases in which the court ruled that the procuratorial organ should protest against the protest of the prosecutorial organ because of an outsider’s application for protest. Therefore, it is necessary to define the conditions of the “admittance” for the non-litigious right of the outsider to apply for protest.