论民事诉讼检察监督的范围

On the Scope of Procuratorial Supervision of Civil Litigation

检察机关行使民事诉讼监督权,要在法治框架下实现检察权与审判权、当事人诉讼权利之间的相互协调,遵循检察机关监督民事诉讼法理基础。修改后的《民事诉讼法》使民事检察监督的范围更加明确,从原本的监督"民事审判活动",扩展到修改之后的监督整个"民事诉讼",除生效民事裁判之外,将符合条件的调解书、民事执行活动、法官违法行为等也纳入了检察机关的监督范围。界定民事诉讼检察监督的范围,有助于民事检察监督权的有序运行。

While exercising the right of supervision over civil litigation, the procuratorial organs should achieve the balance between procuratorial power, the jurisdiction and the right of litigation parties under the framework of rule of law, and follow the legal basis of the procuratorial supervision over civil litigation. The modified ＂Civil Procedure Law＂ further clarified the scope of procuratorial supervision over civil actions, which expanded from the original ＂civil trial activities＂ to the whole ＂civil proceedings＂. In addition to effective civil judges, the qualified conciliation statement, civil enforcement activities and other illegai activities by judges were also included in the scope of procuratorial supervision. To define the scope of procuratorial supervision is to help the orderly operation of it.