The Reform And Consummation On The Civil Protest System Of Our Country

The retrial procedure ,which is caused by the People's procuratorate's protest to the legally effective judgement and decree, is an important part of the judicial supervision system of our country . Especially the protest to the legally effective civil judgement and decree is a great characteristic of the judicial supervision procedure . However , more than ten years' judicial practice has showed that , the civil appeal system owns many flaws in itself . Along with the establishment of the socialist market economy and the fast development of our country's economy and the unceasing reforms of the judicial system , many specialists has launched the intense discussion in view of the civil appeal system, "there are three kind of theory disputes about the rights that the People's procuratorate start the retial procedure ,which are viewpoints of abolishing, strengthening or limiting." And these intense disputes are mainly limited on theoretical level , carrying on the logical deduction based on the theory.By comparing and analyzing into all kinds of aspects which happened in intermediate people's court and basic people's court in ChangDe city from 2000 to 2005,such as the accepting and closing situations of adjudication to the civil appeal cases, the sources and maintenance rate of the civil protest cases and the adjudication data of the cases which the People's court decides to retrial ,the author has drawed a conclusion that the present civil appeal system has many flaws in the reasons ,deadlines, scope , procedure and pattern of the protestment. By comparing and analyzing the parquet's state in the civil procedure of foreign countries ,I try to find some beneficial enlightenments ,then combine the procedure value orientation that belong to the civil protest system reform,to further discuss the basic mentality on how to reform the present civil protest system to let it suit our country national condition truly.