Civil Protest System

The civil appeal system is an important law surveillance system, which refers to the People's Procuratorate supeivising the people's court's judicial activities . It can maintain the judicature to be fair, the safeguard becomes effective referee's authority as well as the guarantee country law implementing correctly. The procuratorial agency has developed the appeal work for more than ten for years, it rests on the appeal conditions of the 185th stipulation of Civil procedure law correcting large quantities of wrong cases through the appeal, it palys the vital role for the wrong judicature becoming effective the referee, it has justly made the great contribution to keep law to be implemented correctly.This kind of pattern of appeal system is a Chinese unique law system, it conforms to the Chinese national condition, it can safeguard the judicial to be fair, However, with trial way from authority principle to litigant principle transformation, withSupreme People's Court evidence rule appearing, the civil appeal system must keep correct relations with the effective sentences, with the court independent judicial authority andthe litigant disposition right. It should reestablish the fundamental rule according to the modern procedure idea . Thecivil appeal should follow the legal fact and respect the litigant the right of suit. The condition and the standard of appeal system should be contracted, which should keep theprocedure to be fair and use the existing judicatureresources fully.This thesis discusses the necessity of Chinese protest system's existence based on the concept, the character, and regulation of civil protest. Then the thesis introduces several different theories about civil protest system's acceptance and resistance including abolishment theory, occasional or limit acceptance theory, strengthening theory, etc. It also states four models adopted in the world about supervising the civil proceeding by procuratorate. In the second chapter of this article, analyzing the inner and outer value is the core. After that, chapter three is focused on discussing and analyzing the faults about the civil protest. These faults include the circumstances of protest, the value of protest, the conflictsof protest standards and the conflicts of protest proceedings to the economical procedure, the retrial procedure. The fourth part states the reformation of the protest procedure. It involves the protest principle and how to reform the protest procedure.