Civil Protest System Consummation Conceptions

Exercise procuratorial supervision of civil litigation law of civil protest right through to our country civil procedure law, this is the one of the litigation system with Chinese characteristics. Procuratorial supervision of civil trial, and no more comprehensive and foreign mature theoretical research for reference. Our system of civil justice reform in the process of theoretical question, but despite still struggling to practice on. This system directly reflects the procuratorial and judicial authority in the balances, and can judge power restriction on deviation and regulation, thus promote justice and maintaining judicial authority.The constitutional requirement from the judicial justice and litigation supervise the necessity, especially from the perspective of the constitutional system in keeping our judicial system of benign operation is particularly important to the positive role. Civil protest as a specific judicial system, and other social practice in life, can acquire, accumulate and change in China, but also from the development rule of law on the special cultural environment. From the perspective of balances, if the court order and the national damages shall not violate the publicness of sanctions, caused negative influence, can judge the constraints of power and correction, the "filtering device". Current judicial corruption existence, must judge accepted from society, especially the legal supervision. But civil protest system can not only through psychological mechanism to judge the potential of arbitrary plays, and shows the civil rights to lodge power restriction of power, reflects a certain procedure control, highlight the function of the system of civil protest independent character. However, the system of civil protest ignored problems still exist. Civil protest in judicial practice of procuratorial and judicial authority appear the imbalance, facing how to scientifically and reasonably and based on the disciplinary right of party autonomy of special protection level and the balance between the procedural justice, and how to realize the pursuit of efficiency and benefit, and goals in the spirit of limitation, under the guidance of the rules and avoid following judicial fields, truly exercised their promote justice.The paper from civil protest this lawsuit system, clarify the particularity of the idea obstacle, identify practice, from the perspective of development and perfection, basing on the situation, and adhere to the open field, adhering to the civil litigation law supervision system of sustainable development, scientific concept, with a specific litigation system must be subject to legal perspective litigation system, and actively explore with mechanism and system of civil law kernel requirements to the our country civil procedure, the protest of further perfecting the system of counterappeal adapt to the development and change of social reality, and make adjustments and idea of the civil law system in China's modernization process is unique and important legal values.