我国现行民事诉讼法确定的三种发动再审的程序中,人民法院依职权自行发动的程序不符合审诉分离原则;人民检察院的抗诉监督在有限的立法空间发挥了其应有的积极作用。建议废止法院依职权发动再审的程序,以检察机关接受当事人申诉提出抗诉作为引发再审的惟一程序 In the three procedures of retrial procedure established by current civil procedure law in our country, the procedure initiated by the people’s court according to its own authority does not accord with the separation principle of trial and separation; the protest supervision of the people’s procuratorate has played its due positive role in the limited legislative space. It is suggested that the procedure of retrial be excused by the court on its ex officio basis and that the procuratorial organ accept the petitions of the parties to file a protest as the only procedure that initiates the retrial