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全国法院系统每年审结的案件中,民事案件占据大多数,每年因为对法院民事裁判不服的申诉和信访也是越来越多。而关于检察机关对生效民事裁判的抗诉曾一度受到来自学界和个别司法实务部门的质疑,并曾使检察机关的对民事审判和执行的监督一度停滞不前。本文对检察机关在民事抗诉中的诉讼地位、民事抗诉的后果、民事抗诉的功能等几个争议较大的问题进行了分析,论证了民事抗诉制度在中国是必须存在且有待进一步加强。
Of the cases concluded annually by the national court system, civil cases account for the majority of the cases each year, as more and more petitions and petitions are not satisfied with court civil judgments. At the same time, the protest against procuratorial civil order has been questioned by the procuratorial organs and individual judicial practice departments, and the procuratorial organ’s supervision on civil trial and execution was once stagnated. This article analyzes several controversial issues such as the litigation status of procuratorial organs in civil protest, the consequences of civil protest, the function of civil protest and so on. It proves that civil protest system must exist in China and needs to be further strengthened.