On The Procuratorial Organs Of The Start Of The Civil Retrial Procedure System

The civil retrial procedure, which is initiated by the appealing of the procuratorial organs, is not only a kind of initiating pattern, but also an important component in the procedure for civil trial supervision system. The important system with Chinese unique characters can safeguard litigant's right; maintain the judicial to be fair, uphold legal majesty; it makes a great contribution in supervising trial proceeding and protecting trial right from abuse. However, with the development of social economy and deepening of legal implementation, the defects of the civil retrial procedure are gradually obvious.The thesis is composed of five chapters. Chapter one initially introduces the concept of the procuratorial organs civil retrial initiating system, then comes to present an overview from the aspects of definition, characteristics, historic reformation and unique value. Chapter two, the author introduces the current theory related to the procuratorial organs civil retrial initiating system, and aims at summing up three representative viewpoints, upholding abrogation, intensifying enlargement, maintaining restriction; and on the basis of analyzing these viewpoints, the author will propose a feasible viewpoint (maintaining restriction). Chapter three will mainly address the procuratorial organs civil retrial initiating system in detail. There are two main components. Firstly, the conditions of initiate system, that is, when civil judgments and orders come into effect, with legal facts and grounds, procuratorial organs with initiate right lodge and submit protest in written to people's court which has jurisdiction. Secondly, the initiate proceeding which including acceptance, docketing, inspection, applying for protest and protesting. Chapter four, the author analyzes the reasons which causes the defects from the aspects of system formulation and implementation, on the basis of posing the concrete problems existing in initiating system, such as:judicial right incompatible with initiate right irrationally which results in the regulation in court isn't coordinate with which in procuratorates, the efficiency of converting judgment related to the cases which goes through initiating civil retrial procedure is not high, no restriction system for initiating, not clarity in appealing term made by clients or other related people, lacking of corresponding right safeguarding. no consensus to the scope of initiating objectives, no adequate safeguarding to client's right, ignoring the cases which harm national and social interest. Chapter five, the author gives an overall suggestion to the civil retrial initiating system lodged by procuratorial organs, and poses five principles which should perfect and maintain in accordance with the defects of system, maintaining judicial and supervision to be fair, emphasizing supervision fairly and efficiently, limited intervening, effective supervision and correcting mistakes in the light of law. At the same time, the author puts forward specific suggestions:realizing the relationship between judicial and initiating right appropriately, eliminating the inconformity of regulation in court and in procuratorates, promoting the efficiency of converting judgment related to the cases which goes through initiating civil retrial procedure, setting up limited initiate system, normalizing client's and other related people's appealing grounds, assuring the right of initiating system, drawing a suitable classification about the scope of initiate objectives, providing sufficient safeguarding to client's right and coping with initiating procedure in different cases respectively.