Research On The Process Of The Protest Of The Civil Cases

The policy of the protest of the civil cases has been made clear in the procedural law at present, and certain achievements have been made in the process of the protest of civil cases during the latest ten years. But due to the different opinions of the Court and the Procurator,the process of the protest of civil cases does not go smoothly .This essay deals with one main point of the principles on the protest of the civil cases--the protest of the process of civil cases ,the author based on the now-a-days laws ,also a lot of articles in this field ,and connected them with the practice in law affairs ,does a lot of research work in the main field of the protest of the process of civil cases, raises up his personal view-point . This essay is divided into 5 parts,38,000 words . In part one,the author puts forward his purpose on writing this essay .The second part "Brief Ideas on the Process of the Protest of Civil Cases" the author mainly deals with the idea of the process of the protest of civil cases and its specilities in law ,in this part ,the author also explains the importance of setting up the process in the protest of civil cases .the author analyses in the theory of law that the procurator is the subject of the protest of civil cases, thus , he raises up four principles in the process of the protest of civil cases, that is ,lawful , open ,fair and efficiency. He also analyses the relationship between the processes. The third part "The Founding of the Protest of Civil Cases " includes accepting complaints, registering, the author mainly explains the idea of accepting a complaint, the source of cases, the condition and process of acceptation, and also the idea and right of registering, the condition and process of registering and so on . Part four "The Identification of the process of civil cases "including the three periods of proposing to raise up protest, asking for protest and protest .In this part, the author mainly proposes the idea specilities ,conditions ,and processes as well as the time-limit in the above three periods. In this part, the author also discusses the relationship between the court and the procurator .In the fifth part "the correcting process of protest of the civil cases" the author discusses the law position of the procurator who attends the court ,the degree of re-judge,the task of the procurator who attends the re-judge court, the ending of a protest of a civil case, and the limit of a re-judge. Based on the present law making and also according to the practice in law affairs and the achievements in the research field of the protest of civil cases, the author raises up his personal view. (1) It is not a setting process for procurator to deal with a protest case in civil cases, whether someone asks for or not. The author discusses in detail that procurator itself can find and raise up a protest in civil cases, at the same time, he puts up his opinion in dealing well with these cases, and he lays a clear line on the right of procurator. (2) As to the condition of registering, the author thinks it is better to register the final judgements of the court, he also gives his idea of making a law to make sure that the reconciliation of the court should be the object of the protest cases. In this point, he gives his definition. (3) The author makes sure of the jurisdiction of the superior and super procurator, and meanwhile he raises up his idea of the principles of certain jurisdiction of the junior procurator. He proposes that something should be added to the asking for protest principle based on the present law making, he says, it is an important supplement to the asking for protest of our law of civil procedure. (4) To the problem of the procurator taking cases from the court, the author thinks, it can be solved by law making .He also thinks that the procurator for certain has the right to take the cases from the court. (5) As to the right of the procurator to investigate, the author says, that law should give the procurator rights in this field. The procur...