Study On The Civil Protest System In Our Country

Civil protest is an important function and power that constitution has entrusted to the prosecutorial organizations to supervise the administration of justice. The civil protest system has stipulated in our nation's civil lawsuit. In recent ten years, the system has made great progress, but the result of the system is not so good because of the imperfection of legislation and all kinds of difficulties which appears in judicial practice, the effectiveness of the system is converse to the purpose of the legislation .So there is a discussion in academic, some scholars think existence of the system is unnecessary.In the article, the author explains the basic content of the civil protest system, and introduces its history and current situation, also points out some problems of the civil appeal system in the operation and several views in the academic circle. The author has been a comparative study of the relevant institutions abroad. The civil appeals system demonstrates the necessity and rationality in the existence of the reality in our country. On this basis, the author brings the perfect ideas.The civil protest system is the prosecution's right of legal supervision in the area of civil procedure. Therefore there should be a comprehensive consideration on the retention or abolition of the civil protest between the civil prosecutorial system and the retrial system. The prosecutorial power is a power of legal supervision essentially in China, and its greatest feature is that it's procedural. Thus the prosecution is also restricted by the eventual decision by the courts. In the final trial of two trial-level system in China, the civil appeal system as a way to start the retrial procedure has more advantages. In civil proceedings, the power of legal supervision is a reflection of the theory demand for power to restrict and it also reflects the reality demand of the right to relief. Therefore the civil protest system should be exist and improved.The civil appeal system in our country mainly has the following problems now: First, the civil appeal system's guiding principle is impossible and unnecessary. Secondly, there are flaws when the prosecution examines the civil appeal cases which mainly focus on the illegibility of the civil appeal scope and so on. Thirdly, there are flaws when the People's court tries the civil appeal cases. For example, the function and the status of the prosecutors in the retrial procedure are not clear and so on.So it is necessary for us to perfect the civil protest system in such respects as the guiding ideology, procedures of prosecutorial protest and adjudicatory supervision procedure. At the same time, authority of civil protest must be filled with auxiliary powers in order to restrict adjudicative power really.