On The Improvement Of The Civil Protest System In China

People's Procuratorate of the civil protest the implementation of the legal system as an important system oversight function, not by the creation of our country, but learn from the former Soviet Union based on the theory related to supervision, combined with building up China's national conditions. The development process in China has gone through a start-up phase, interrupt, and the development of three stages. Through the course of development of civil protest system point of view, its development has been relatively slow, but the overall trend is progressive, the system itself more and more reasonableIn its development process, it has been plagued by a variety of disputes. It is believed that fully comply with the civil protest China's national conditions, in the actual operation of the process, as our judiciary made a great contribution to progress, it retained its claim to its problems exposed by the development and improvement to make it more better serve the rule of law in our country. Some people think that the system of civil protest against the constitutional system entirely, and disorders of the normal judicial system, not only undermined the independence of the trial court the status of the people and the basic principles of res judicata, but also interfere with the disposition of the parties, it advocated its abolition. I believe that civil protest system is in line with our national conditions, we need such a system, if the blind manner to abolish it, and we entirely possible to repeat the mistakes of Russia, had to re-enable the system. Therefore, the abolition of the system of civil protest, the author maintains the reservation, based on this continuous improvement.Civil Protest System does have some problems, but more "problem" is exaggerated out, not, as many scholars as described. Therefore, we can not ignore the system of civil protest in the maintenance of the unity of China's legal system and establish the authority of the judiciary to protect the interests of the parties in the litigation of legal beliefs and culture so that people played a significant role. On the current situation, the problems of civil protest system focused on six areas, namely the right of investigation and evidence collection issues, the problem of protest at the smes court level, the problem of the scope of civil protest, the protest period and the number of protest problem, the People's Procuratorate in the retrial process status and competence.We have developed these problems when the principle should not only insist, we will take a certain way, the only way we will be well developed system of civil protest. The author believes that the system being in a civil protest, involving three powers (rights), one People's Procuratorate of supervision, the second is the people's court of jurisdiction, third party right of action. Therefore, the development of civil protest sound system, the need to coordinate the three powers (rights), not because of party power (right), but against the powers of the other party (right). This requires that we adhere to the principle that perfect six, respectively, to maintain the status of the people's court trial, the principle of independence, maintaining the principle of res judicata, the parties to respect the principle of disposition, with respect for the principle of equal status of the proceedings, adhere to the principle of procedural efficiency, adhere to procedures are fair, open and impartial manner. Six principles in this guidance, centralized system for the performance of civil protest out of six problems, we can take six perfect method, namely the People's Procuratorate of the investigation and evidence collection perfect right to clear the right of the People's Procuratorate of the scoring, to establish the same system-level protest, the protest to expand the scope of the People's Procuratorate, People's Procuratorate of specific protest period and the number of protest, specifically the People's Procuratorate in the retrial process status and privileges. Of course, any one system, no matter how perfect, and if left the high-quality people, the system itself continues to function effectively, and even lesions, lost its original effectiveness. Similarly, the development of civil protest in the system, we need to continuously improve the supervision of prosecutors ideas and professionalism.In short, our system of civil protest some problems do exist, but can not because these issues will be the abolition of disregard for our system of civil protest the rule of law all made significant contributions. The existence of their problem, we can not avoid the need to be under the guidance of the principles, take concrete and effective ways to improve them so as to become perfect in order to meet the needs of our rule of law.