民事诉讼监督案件受理的问题及对策

Problems and Countermeasures in the Acceptance of Civil Litigation Supervision Cases

对某市级检察院2015年以来受理的民事诉讼监督案件进行分析,发现受理的民事诉讼监督案件呈现出案件受理数波动较大、受理案件类型较为集中、当事人监督申请得到支持比例低等特点。民事诉讼监督案件受理主要存在没有明确规定当事人申请检察院进行民事诉讼监督的期限、控申部门对民事诉讼监督申请进行审查的方式和内容不明确、检察机关的一次性监督原则面临挑战、当事人申请民事诉讼监督随意性较强等问题。应当以民事诉讼的基本理念为指导,明确当事人向检察机关申请民事诉讼监督的期限,对当事人的民事诉讼监督申请进行全面审查,坚持检察机关一次性监督原则,建立民事诉讼监督申请律师强制代理制度,以解决民事诉讼监督案件受理中的问题。

Through analysis of the civil litigation supervision cases accepted by a municipal procuratorate since 2015, we can found that the numbers of cases accepted were highly volatile, the types of cases accepted were relatively concentrated, and the supervision application by litigants were low proportion. The main problems in the acceptance of civil litigation supervision cases such as the time limit of litigants to apply for the procuratorate in civil litigation supervision which is not clearly defined, the methods and contents of review in civil litigation supervision application by the control and application department which are not clear, the one-off supervision principle of procuratorial organs which is facing the challenges, and the litigants to apply for the civil litigation supervision which are more random and so on. We should have taken the basic concepts of civil litigation as guidance, clarify the time limit of litigants to apply for the procuratorate in civil litigation supervision, conduct a comprehensive review in civil litigation supervision by the application of litigants, insist on the the one-off supervision principle of procuratorial organs, and establish a compulsory lawyer agency system in civil litigation supervision application, in order to solve problems in the acceptance of civil litigation supervision cases.