论检察职能在民事、行政诉讼中的收缩与扩张

当前,在我国民事、行政诉讼中,保留检察机关的抗诉职能仍具有重要的现实意义.但基于"有错慎纠、适度监督"的指导思想,检察机关提起民事、行政抗诉的职能应当在受案程序、条件、范围等方面予以收缩.同时,由于诉权理论、当事人适格理论、检察理论的不断发展,检察机关应当在民事、行政诉讼中进行适度的职能扩张.

On the Contraction and Expansion of Function of Procuratorial Organization in the Civil and Administrative Action

Currently, there is actual significance for us to retain the prosecutorial protest of procuratorial organization in civil and administrative action. However, in view of the thought of cautious correcting and suitable supervision, the prosecutorial protest of procuratorial organization must be confined within the given aspects such as scopes, conditions and procedure of accepting cases. Meanwhile, as a result of the development of the theories of litigious right, proper parties and prosecutorial power, the procuratorial organization can properly expand its functions in civil and administrative action.