民事检察监督制度初探

An Initial Discussion on the Legal System of Civil Prosecutorial Supervision

民事检察监督制度是检察机关对民事审判活动进行监督的法律制度,在司法实践中发挥着巨大的作用。由于立法上的缺陷,我国检察机关的监督职能受到很大制约。本文通过对民事检察监督制度的生成和发展的解析,探求民事检察监督制度与当代民事诉讼原则的内在关联,试图从比较法的角度寻求理性构建和完善我国民事检察监督制度,调节检审关系。

The legal system of civil prosecutorial supervision is the one in which prosecutors conduct supervision over the civil trail activities and play an important role in judicial practice. The supervision function of prosecutors is greatly restricted by the imperfect legislation. This article discusses the interrelationship between the legal system of civil prosecutorial supervision and the contemporary civil procedural principles by the deep analysis of the emergence and development of the legal system of civil prosecutorial supervision, and tries to establish and perfect the legal system of civil prosecutorial supervision of our country in order to coordinate the relationship of prosecutors and judges from the perspective of comparative law.