浅议民事抗诉案件证据的审查认定

Discussing the Civil Examination which Protests the Case Evidence to Assert Lightly

《民事诉讼法》第185条第1款规定,人民检察院对人民法院已经发生法律效力的判决、裁定认定事实主要证据不足的,应当按照审判监督程序提出抗诉,而当前人民检察院在办理民事抗诉案件时对抗诉证据的审查认定上还存在着诸多问题,已影响了抗诉案件质量和改判成功率。针对此种情况,文章明确提出了审查认定抗诉案件证据的具体内容和方法以及完善抗诉案件证据审查制度的相关措施。

The first entertain of the 185th item of the coad of civil law prescribe :if the people procuratorate cognizance that the mostly attestation of the adjudge and the ruling after the force adeffect of the people court ,it ought to bring forward appeal for retrial according toadjudgement monitor .And it has many problem that the people procuratorate cognizance the attestation of the appeal for retrial in their civil case of theappeal for retrial.And it has effected the quality and the rate of the succeed of the appeal for retrial case .This article has proposed being examined and asserting content and method which protests the case evidence really ,and also proposed the relevant measure in perfecting and protesting the evidence censorship of the case.