福建省宁德市中级人民法院彭建平认为:在宪法中,人民检察院被定位于法律监督机关。但是,难以导出检察机关就是国有资产的代表者这一结论。如果国有资产管理局怠于行使管理权,检察机关就能代为行使的话,必然演绎出政府机关怠于行使职权,检察权关就能行为行使,人民法院怠于行使审判权,检察机关也能代为行使。在民事和行政诉讼中,只规定了检察院对法院生效的民事、行政判决可 Peng Jianping, Intermediate People’s Court of Ningde City, Fujian Province, said: In the Constitution, the People’s Procuratorate is located in the legal supervision organs. However, it is difficult to export the conclusion that the procuratorial organs are the representatives of state-owned assets. If the State-owned Assets Supervision and Administration Commission neglects to exercise the power of management, the procuratorial organs can act on their behalf, which inevitably deduces that the government agencies lazily exercise their powers, that the procuratorial powers can exercise their rights, that the people’s court lacks the power to exercise judicial power, and that the procuratorial organs can act on their behalf exercise. In civil and administrative proceedings, only the Procuratorate provides for the court to enter into force civil and administrative judgments may be