西南石油大学学报（社会科学版）2025，Vol.27Issue(4)：99-110,12.
协同治理背景下民事再审检察建议运行机制:从非合作博弈走向合作博弈
The Operation Mechanism of Civil Retrial Procuratorial Suggestion under the Background of Collaborative Governance:from Non-Cooperative Game to Cooperative game
摘要
Abstract
The operation of the civil retrial procuratorial suggestion mechanism is centered on the procuratorial organs and courts,and the legislative purpose is to correct erroneous effective civil judgments and achieve fairness and justice in civil litigation.From the perspective of game theory,the legislative evolution from"negotiated supervision"to"legalized supervision"indicates that the relationship between the judiciary and the procuratorate has shifted from a traditional cooperative game to a non-cooperative game.In addition,the cognitive differences in the values and concepts of both parties,conflicts and differences in strategic choices,and poor coordination of operational mechanisms make it difficult for both parties to achieve a"Nash equilibrium"in the game.Instead,they are prone to falling into the"prisoner's dilemma".Setting aside the issues of weakened judicial authority and lack of judicial stability caused by supervision and being under supervision,both parties have a cooperative goal in safeguarding the legitimate rights and interests of the involved parties and maintaining judicial fairness.In order to promote the transformation of both parties from non-cooperative game to a new type of cooperative game,and to shift the nature of traditional cooperative game from"unilateral dominance"to"win-win for both parties",the procuratorial organs should maintain restraint in supervision,evaluate and refine the measurement standards of the necessity of supervision,and build a positive interactive relationship pattern with the court,so as to improve the procuratorial supervision system of complementary civil retrial procuratorial suggestions and civil protests,and to smooth the coordination mechanism of internal and external operation procedures.关键词
民事再审检察建议/协同治理/合作博弈/非合作博弈分类
社会科学引用本文复制引用
申莉萍,何艳,高峰..协同治理背景下民事再审检察建议运行机制:从非合作博弈走向合作博弈[J].西南石油大学学报（社会科学版）,2025,27(4):99-110,12.基金项目
最高人民检察院检察理论研究课题"民事再审检察建议实证研究"(GJ2024D37). （GJ2024D37）
