试论新时代民事诉讼精准检察监督的具体标准及实施进路

On the Specific Standards and Implementation Approaches of Accurate Inspection and Supervision of Civil Litigation in the New Era

确立新时代民事诉讼精准检察监督具体标准应当坚持以习总书记法治思想为指导和尊重民事诉讼司法规律相结合等四个原则。检察机关要精准监督民事诉讼,应当坚持民事诉讼司法审判违法符合《民事诉讼法》第二百条及第二百零一条规定之一情形;民事诉讼司法审判违法程度超越司法公正的底线;案件审结报告有精准透彻论证,检察监督根据确实、充分、合法等五个具体标准。应当采取加强全案阅卷复查、重点阅卷复查和必要的调查核实工作、选择重点案件举行听证会、有意识地邀请人大代表、较有威信的退休法官、有声望的群众代表参加听证等七项路径,实施对民事诉讼审判案件进行精准监督。同时要注意三个问题:不能以法院是否改判作为是否精准检察监督的结果;不能以当事人申诉及情绪激烈作为检察监督的根据;也不能使社会舆情影响检察监督的独立行使。

The establishment of specific standards for accurate procuratorial supervision of civil litigation in the new era should adhere to the four principles of the combination of general secretary Xi’s rule of law and respect for the rule of civil litigation.To accurately supervise civil litigation,procuratorial organs should adhere to seven paths:the violation of the judicial trial of civil litigation complies with one of the provisions of Article 200 and Article 201 of the Civil Procedure Law;the degree of violation of the judicial trial of civil litigation exceeds the bottom line of judicial justice;the final report has precise and thorough demonstrations,and the procuratorial supervision is based on the five specific criteria.It should also take measures to strengthen the review of the entire case,review of key files,and necessary investigation and verification;select key cases to hold hearings,and consciously invite representatives of the National People's Congress,retired judges with more prestige,and reputable representatives of the masses to participate in the hearings,to implement precise supervision of civil litigation trials.Meanwhile,please note:it cannot use whether the court to modify the judgment as the result of accurate inspection and supervision;it cannot use the complaints and intense emotions of the parties as the basis for inspection and supervision;nor can public opinion affect the independent exercise of inspection and supervision.