在当前的司法环境下,检察机关对不符合抗诉条件或没必要抗诉的民事申诉案件促成当事人和解,能动地解决纠纷,具有一定的正当性基础。不过,民事检察和解只是一种检察实践创新形式,尚缺乏明确的法律规范,检察和解过程潜伏司法行政化倾向,和解协议的效力有限。因此,为避免民事检察和解陷入“内卷化”危机,应将和解与抗诉相结合,促进检法合作,建立和解协议的司法确认制度,规范检察和解的具体程序,从而实现民事检察和解机制的整体化构建。 Under the current judicial environment, the procuratorial organs have certain legitimacy basis for civil appeals that do not meet the protest conditions or are not necessary for protesting to promote the parties’ reconciliation and resolve the disputes initiatively. However, civil procuratorial reconciliation is only an innovative form of procuratorial practice, but there is still a lack of clear legal norms. The procuratorial reconciliation process tends to have an administrative tendency of latent administration of justice. The settlement agreement has limited effectiveness. Therefore, in order to prevent civil procuratorial reconciliation from falling into a crisis of “encirclement”, reconciliation and protest should be combined to promote the cooperation between the prosecutors and the legislature and to establish the judicial confirmation system of the reconciliation agreement and regulate the specific procedure of procuratorial reconciliation so as to realize the civil procuratorial reconciliation The overall construction of the mechanism.