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

"PRC Civil Procedure Law," the 185th of the civil provisions of the current appeal system has been unable to meet growing public judicial fairness and efficiency of the demand, its shortcomings and disadvantages increasingly prominent has an urgent need improvement. The survey results show that although our system of appeals in the civil magistrate correct the mistake made a tremendous contribution, but because of some internal and external factors in the constraints of the system have not been able to play the best role.Our system of civil protest followed the principle of "right wrongs by" the principle of the proceedings has a lot of disadvantages, therefore, our civil protest error correction system should be established in accordance with the law of judicial philosophy.The main body of a book having analyzed civil counter appeal of our country system Legislation current situation and their defect, include the main body mentioning counter appeal and examine a court again, law does not make regulation clear; The time limit mentioning counter appeal has not had clear stipulation; Procurator organ counter appeal right operation stipulates law to restrict mechanism not right away; The procurator organ mentions the condition lodging protests interposing block of wood science; Mention the number of times that counter appeal superintends making restricting clear and definite with a law case right away to the procurator organ; Law has not stipulated that breaking off the condition law that plain court decision carries out; Procurator organ counter appeal right operation stipulates that control mechanism waits not right away , these all need badly pass legislation or the judiciary makes an explanation give clear and definite and solving.Submit the main body of a book perfecting several civil counter appeal of our country system suggestion , try level , try a limit and bring range to trial including making the law case bringing counter appeal to trial's clear; Make clear that the procurator organ mentions the time limit lodging protests; Make the range that procurator organ counter appeal superintends clear; The rational boundary fixes the counter appeal reason; Mention the number of times that counter appeal superintends making restricting clear and definite with a law case right away to the procurator organ; Relative to the declaring method ensures making clear stipulation in the process of counter appeal right; The clause applying to interposes the implementation adjudging to breaking off a plain during the retrial restricting condition; The control mechanism carrying out counter appeal on the procurator organ superintending building-up waits.Make a long story short , persist in integrating theory with practice, method wielding proper way, civil of our country lodges protests system in procedure General procurator organ counter appeal right operating mechanism will further improve and perfect , that authority will also work all the time on normalize , institutionalize healthy orbit especially rationally.