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民事诉讼法第190条规定:“人民检察院提出抗诉的案件,人民法院再审时,应当通知人民检察院派员出席法庭”。但是,对于检察机关出席民事抗诉案件再审法庭的地位、职责并无明确规定。法院庭审活动主要分为法庭调查和法庭辩论两个阶段。对于检察人员可否参加法庭调查和法庭辩论,存在两种截然相反的观点。否定者认为,抗诉机关无权参加法庭调查和法庭辩论,其主要理由有:民事检察监督是
Article 190 of the Code of Civil Procedure provides that: “When a people’s procuratorate files a protest, the people’s court shall, when retrial, notify the people’s procuratorate to send personnel to attend the court.” However, the duties and responsibilities of procuratorial organs to attend the court of retrial in civil protest cases are not clearly defined. Court trial activities are mainly divided into two stages of court investigation and court debate. There are two diametrically opposed views on whether prosecutors can participate in court investigations and courtroom debates. Negators believe that the protest authority does not have the right to participate in court investigations and court hearings, the main reasons are: Civil Procurator Supervision Yes