民事再审抗诉制度对于实现个案公正有一定的意义,但是在民事诉讼制度中强化检察权不仅不符合国际通行做法、偏离我国民事诉讼制度改革方向,而且还违反了处分原则,加剧了个案公正与程序安定的价值冲突,与再审制度“有限纠错”的理念相悖;在具体制度设计上也存在着诸多问题,导致在实务领域并未真正发挥出实现个案公正的预期效果。目前,务实的做法是对其进一步科学的设计,尽可能地发挥其积极作用,长远看来,逐步取消民事再审抗诉制度才是治本之策。 However, in procuratorial power, the procuratorial power of civil litigation not only does not accord with international practice, but also departs from the reform direction of our country’s civil litigation system, but also violates the principle of disposition and exacerbates case fairness and procedure The conflicts of value with stability are contrary to the concept of “limited error correction” in the retrial system. There are also many problems in the design of the specific system, resulting in the actual effect of not realizing the expected fairness of the case. At present, the pragmatic approach is to further its scientific design and to exert its positive role as much as possible. In the long run, the gradual removal of the system of protesting civil retrial will be the only remedy.