我国民事行政检察制度的完善与重构

我国的民事行政检察制度经过数十年的曲折发展,至今已成为我国法律监督体系的重要组成部分,但由于立法的先天不足和实践中存在的种种困难,民事行政检察监督处境仍很尴尬,监督效果也大打折扣。民事行政检察监督何去何从,已成为亟待解决的问题。因此,我们深入分析了存在的民事检察监督范围过于狭窄、监督的方式单一、抗诉后再审的周期过长等问题及主要原因,并提出了构建检、法权力平等的检察监督机制、完善民行抗诉机制、确立民事执行检察监督机制、建立民事公诉机制等符合中国现实的可行性民事行政检察制度,希望对完善和发展我国民行检察制度有所裨益。

The Improvement and Development of Civil and Administrative Procuratorial System in China

After several decades' arduous process of development, the civil administrative procuratorial system has become an important part of legal supervision system in China. However, it cannot play an effective role in practice due to lack of legislation and various difficulties. What will become of the civil administrative system is a question that should be addressed as soon as possible. We suggest that a procuratorial supervision system and an applicable civil administrative procuratorial system be established with the China-specific situation taken into consideration, in order to give the equal rights to procuratorates and courts, to guarantee the procuratorial supervision of the civil enforcement and the civil public prosecution system etc., and to improve the civil administrative procuratoril system. These suggestions are put forward on the basis of elaborate analysis of the present problems, for example, the limited range of the civil procuratorial supervision, the long period of the retrial after the procuratorial protest, etc. It is hoped that our suggestions will be helpful to the development and improvement of the civil administrative procuratorial system.