On The System Of Civil Protest Perfection

Civil protest system is a crucial part of the civil prosecution and supervision system of China, which, according to our civil procedure law, is the legal supervising system. This system provides the people's procurator office with the power of demanding the people's court, under legal procedure, to retrial the case originally made by the people's court so as to correct or fail the judgment if any mistakes have been found in the above mentioned judgments or sentences by the people's procurator office after examination.In 1982, along with the enaction of The Civil Procedure Law of the People's Republic of China (try out), the supervising power of the people's procurator office to trial activities of the people's court was reestablished. Although The Civil Procedure Law in 1991 established the civil protest system, the four items about this system was barely enough for the judicial practice. On October 28,2007, the standing committee of the National People's Congress approved the decision of modifying the PRC Civil Procedure Law; and this new version made the first implementation of the 1991 one about the part of civil protest system by refining and perfecting the old one so as to more effectively fulfill legal aim of the civil protest system.Ever since the appearance of the 1991 version, civil protest since system has attracted vast attention from fields of both legal theory and judicial practice. The argument about it's to exist or not and to be enhanced or not has never seen an end. With on doubt that the current civil protest system stems from the soil of today's reality and best serves the legislation framework and the judicial environment nowadays, because this system can play an important role from many perspectives as follows:safeguarding the interests of our country and the welfare of the public, preventing judicial injustice and corruption, maintaining the justice and independence of court, protecting the legal rights of minor groups, maintaining the legal rights of the third person out of case.Although the current civil protest system had been fair clearly defined in The Civil Procedure Law, obvious flaws and insufficiencies still can be seen. Modified version of The Civil Procedure Law further standardized this system by defining the protesting procedure of the people's procurator office in details. On the other hand, the perfection of this system is still badly needed because of the long existed disputations between procuratorial and judicial institutions. Taking the current judicial practice into consideration, we are here trying to point out that, the perfection of this system can be pursued through the following perspectives:clarify procuratorial ranges of protesting; setting up enforcement mechanism of procuratorial institutions'protesting; implementing the procedure of procuratorial protesting; establishing the balance mechanism of procuratorial protesting.