On Well-functioning Civil Protest System

The civil appeal system of our country experienced the frail period after the New Democratic Revolution time and has experienced the winding development since the establishment of new china has state and single characteristic and so on. But its regulations were too general, and even some key questions were overlooked, so made it difficult in practice, and also inspired debate in theories. In the academic circle, the debates concerning civil appeal system mainly focuses on four aspects. In practice, some disputes exist concerning the scope of civil appeals, and the procedure of it is also too complicate and the re-trial procedure is also not perfect. The reasons of the problems mentioned above existed in many aspects, both in theory and in judicial practice. All these bring side effects to the civil appeal system.The author believed, although our country civil appeal system existence theoretically disputed, it has more difficulty in the practice, but it has played the role which could not be substituted in maintenance judicature faire, the advancement judicature was progressive, maintains aspect and judicial authority. The civil appeal system does not violate the lawsuit legal principle theory of law, places on trial alone with the court also does not conflict. In our country, the civil appeal system had it's constitutional government foundation and the lawsuit legal principle theory of law basis, therefore, to our county civil appeal system existence question, we should persist all-round consideration, fair and efficiency pays equal attention, lawsuit economy, the rank and so on. According to the intendance of procurator ate and civil execution surveillance by giving the execution routine in, carries out the objection, the property preserves and so on. We should safeguard civil execution to carry on legally, in the appeal matter, country legislation and so on. We should elaborate from the entity aspect, the procedure aspect, the suitable legal aspect and the umpire personnel violates the duty honesty four aspects to be thin after studying the civil retrial matter specific stipulation of other countries. The author believed that, we should set up a file to the higher authority procurator agency. According to appeal the case numerous Jan degree different as well as the procurator agency service practice actual situation, should entrust with the same level procurator agency to violate the legal procedure to the court and so on. The reason that must stipulate like this, it is because of prouratorial agency's appeal, differently applies for retrial by the litigant and court decision retrial, implements with anti-with procurator. It can makeadvantageous in the maintenance trial monitor program integrity and the unity. Finally, for safeguard civil anti-responsibility fulfilling, the legislation also should act according to the duty and the goal of civil examination surveillance, entrusts with the anti-right of suit to learn about power, as well as the correspondence pulls and reads measure and the method, limited investigation evidence collection. After reforms and the consummation the civil appeal system not only had the feasibility, moreover it conforms to the fair efficiency principle, the lawsuit economical principle as well as the rank coordinated principle, it can display the function of maintenance law unification implementation in the judicial practice.