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《民事诉讼法》第二百一十条将检察院的调查核实权作为法律确立起来。但是,新法只是作了一个泛泛的规定,司法解释也并没有从细节上予以明确,导致检察机关对案件的审查和对法官行为的审查无法有效区分,在选择是否行使权利、如何启动程序、采取何种方式、权力边界如何把握等方面处于模糊地带,使得对案件事实的调查和对法官违法行为的调查混同一体。有必要对调查核实权的启动方式,运行方式和监督范围进行规定和约束,使得这一制度真正地发挥作用。
Article 210 of the Code of Civil Procedure establishes the investigation and verification power of the procuratorate as law. However, the new law only made a general provision, and judicial interpretations were not clarified in detail. As a result, the procuratorial organs can not effectively distinguish between the examination of the case and the examination of the judge’s conduct. In choosing whether to exercise their rights and how to start the procedure, What kind of ways and how to grasp the power boundary are in a vague area, which makes the investigation of the facts of the case and the investigation of the judge’s violation of law into one. It is necessary to stipulate and restrain the way of starting the investigation and verification, the mode of operation and the scope of supervision so that this system can really play a role.