论我国民诉中的检察权

On prosecuratorial power in civil procedural law

我国现行民诉法律监督的缺陷突出表现在检察权介入的滞后性。以往学者试图从民诉法律关系上来揭示其缺陷,无疑是具有一定道理的。但是能否正确认识民诉中的检察权是该权在民诉中发挥作用的前提。针对这一问题的产生,提出了从理论上证明检察与其内外价值冲突的互动性恰好说明其介入民诉的可行性和必要性。

The defects of the legal supervision in civil procedural law of our country obviously lie in the backwards of the interference of prosecuratorial power. In the past, scholars attempted to discover its defects from the legal relation of civil litigation, which was reasonable. But the correct interpretation of the power is the prerequisite of its function. This article deals with the problem and proves the necessity and practicability of the interference of the prosecuratorial power.