Civil Protest System

Chinese Civil Procedural Law established by the procuratorate to lodge a protest, request the court to a magistrate has become legally effective for the civil retrial system of civil fines. Civil fines for the system design, mainly in the study and the introduction of the former Soviet Union model of civil built on the basis of the characterized by the state proceedings and comprehensive intervention and oversight to the pursuit of judicial impartiality. Chinese procuratorial organs of the Constitution of the State of legal supervision, his civil trial activities implemented through legal supervision is already in force on the civil magistrate filed complaints with the specific performance. Civil indispensable as an important component of this system is in line with our pursuit of true justice entities tradition It justice to oversee the implementation of the harmonization of laws and safeguard the unity of the rule of law, protection of citizens and legal persons to exercise their right to complain. raising the level of the socialist legal system and have made a positive contribution.However, as the whole of society to increase awareness of procedures, in particular entity justice, procedural justice, litigation efficiency values in the legal field established, people start to the traditional legal concepts of continuous reflection. In theoretical circles, mainly focused on whether the system of civil fines against Suit formed on the repeal, the reality on reservations,on continuously strengthening different perspective; In practice, Frederick Law two pairs protest scope of the differences, Protest Procedure unclear, Protest stage of major defects, attorney proposals failed to play an effective role. These problems have emerged in both legislative level, Procuratorial organs have their own system of civil fines fail to fully understand Court supervision of the procuratorial rational restrictions on various factors the impact, these are made in the system of civil fines for uniform implementation of the maintenance of law is difficult to play its role.Civil fines system is not contrary to Suit, and independent trial court, the Court magistrate effect to the finality and Res. The balance between civil issues ate not in conflict. In China, civil fines system has its legal basis and a legal basis, the reality of the existence of its necessity. This is the building of the legal system from the current situation and the actual needs of the decision. How to improve our system of civil fines for the status quo, I believe that clearly counter the scope should be specific, we must have a clear case of censorship standards, they should also have clear grounds for the exercise of standards and fines. Furthermore, to improve Chinese procuratorial system and advice that the system of judicial practice in the application of relatively small, procuratorial system as an effective mode of supervision, should play its rightful role. Protest is based on the civil protest has power and the nature of supervision, the implementation of the trial-the same level, conforms to the legal equality of the power of supervision mode, but also conforms to Chinese constitutional system, help keep the trial supervision procedures and integrity. Finally, the procuratorial organs should be established as a launch retrial of the only principal to avoid further waste of judicial resources, reduce judicial corruption can be. After this reform and perfect, making civil fines system more workable in practice play a greater role.