试论民事申诉制度改革对检察监督的影响及应对策略

Influence of Civil Appeal System Reform on Procuratorial Supervision and Countermeasures

2012年民事申诉制度改革对当事人、检察院、法院三者权利义务关系进行了调整,从立法上对检察院办理当事人民事申诉案件进行了程序化设计,实现了申诉权利义务法定化、检察办案程序化、再审分权制约科学化。同时,此次改革也使民事检察监督面临诸多困境和挑战,检察机关只有树立民事监督新理念,拓宽案件来源新渠道,探索民事监督新途径,创新息诉服判新方法,提高检务保障新水平,才能适应新制度、新要求。

In the civil appeal system reform in 2012, the relationship between the rights and obligations of the parties, court, and the procuratorate was readjusted, and the procedures were designed for the procu- ratorates to handle civil appeal cases from a legislative basis. In this way, the statutory rights and obliga- tions were stipulated, the complaint-handling procedures clarified, and the retrial decentralization made more scientific. At the same time, such a reform also brings civil prosecutorial supervision many difficul- ties and challenges. To handle them properly, the procuratorial organs should renew their philosophy of civil supervision, expand channels for new cases, and find new ways of civil supervision. Moreover, they should find new appealing and judging methods and improve the level of procuratorial service. Otherwise, they can barely meet the demand posed by the new system and new situation.