民事检察证据运用的法理与实践

On Legal Theories and Practice of Applying Procuratorial Evidence in Civil Cases

在民事审判监督中 ,检察机关是否具有司法取证权 ,以及如何运用依职权取得的证据存有争议。从法理上分析 ,检察机关应享有司法取证权 ,但鉴于民事诉讼是在平等主体之间进行的诉讼 ,检察机关应慎用职权取证。

In civil supervising trial, it is questionable whether the procuratorial organs have the judicial power to gather the evidence and how to apply the evidence gathered by the authorized power. According to legal theories, procuratorial organs should enjoy the power to gather the evidence. However, procuratorial organs should be cautious in gathering the evidence by the authorized power in the light of the fact that civil action is one between equal parties.