再审检察监督申请权问题研析

Research on the Right of Application for Retrial Procuratorial Supervision

再审检察监督申请权渊源于二十余年的监督申诉实践,2012年民诉法修改时适应民事检察监督司法化改革的需要正式生成。再审检察监督申请权属于诉权化权利,旨在为当事人的申请再审权提供最终的程序救济。对于当事人的监督申请,检察院受理后即进入再审事由审查程序,这是再审检察监督申请权程序保障的关键,应当针对再审事由的类型选用适当的审查方式。

The Right of application for retrial procuratorial supervision originated in more than 20 years practice of the appealing to the procuratorate, and took shape in the amendment of civil procedure for the judicialization of the civil procuratorial supervision in 2012. The right of application for retrial supervision belongs to the right of action, which aims to provide the final procedural remedy for the party＇s application for retrial. For the application of the parties, procuratorate should entered into the procedure of examining retrial reason after admissibility, which is the key of procedure guarantee of the right of application , and should chose the appropriate examination ways according to type of retrial.