Civil Protest System

The legal regime of civil protest is an essential component of the civil supervision regime. It plays a very important role both in the supervision of civil judgement and in the assurance of judicial justice. Despites its important position within the judicial system, the ruling of the regime in our country bears great defects. The defects are: the objects covered by the civil protest regime are not clear, the civil protest procedure is not concrete and the conditions of admission are not in detail, etc. As to eliminate these defects, we are obliged to analyze and study such regime in detail.Based on the above understanding, the present article stars with the analysis of the basic legal theory of the civil protest regime, which includes: (1)the mechanism of the National Peoples' Congress as its political-constitutional grounds; (2)the promotion of judicial justice as its axiological objective; (3)the assurance of legitimate rights as its institutional goal; (4)the civil procedural supervision as its basic function. Afterwards 1 have made a comparative study on the existing approaches, namely, (l)the rejection approach, which rejects the value of the existence of the civil protest regime; (2)the expansion approach, which aggregates the accusation, participation and protest in one prosecution regime; (3)the important approach which promotes an improvement upon the existing legal framework; (4)the restrictive approach, which restricts the range of appliation of civil protest in exchange of efficiency.The present article understands that the improvement of the civil regime relies on insistence of the following principles: (l)the assurance of judicial justice, as to realize the axiological objective of the regime; (2)proportional intervention, on interfering illicit civil activities, proportionality should be considered; (3)procedural effectiviness, to achieve the maximum litigation effect with the minimum litigation cost specially for the cases in which technical defects are found, but in the mean time, common interest are not prejudiced, thepromotion of civil protest may lead to an expenditure much higher than the litigation value, therefore , civil protest authority should not promote the civil protest.According to the above principles, the present article suggest the following measures for the improvement of the civil protest; (1)restrict the range of application of civil protest, namely, applicable on the effective court sentence, arbitration judgement and conciliation results, but not on prior execution judgements on execution procedures. The supervision of the latter cases should be the opinions of the prosecutors. (2)Define the conditions of its application. (3) Clarify the judicial hierarchy and the litigation/civil protest period. (4)Define the position, function and competency of the prosecuting authority within the retrial procedure. (5)Being a supervenient supervisory measure of the civil procedure, the civil protest should coordinate with the public prosecution and opinions of the prosecutors, which together forms one unique supervision system.