Legislative Interpretation Of China’s Civil Protest System

As one of centuries old legal systems in China, Civil Protest System originated from the right to protest of the Ruijin Soviet inspectors, then, it has gone through the founding of new China, the period of reform and opening up. And it experienced the process of establish, cancel, reasserting along with the changing of politics, economy and culture in our country. Based on the study of the current situation about Civil Protest System, we found there is some questions, such as legislation dispersed, scope and objects unclear, time limit and frequency out of the rules, lack of judicial review, the awkward position of Procuratorial organs and so on.The causes of Civil Protest which is one of the important conditions to start Civil Protest, can divided into three types:Evidence, Proceeding and Law Application. First, the concept in the legal norms and judicial interpretations of the evidence related to protest," new evidence"," fact"," truth"," main evidence" and" evidence" should be confirm; Also, Proceeding for protest concern the client’s participation and benefit of argument; at the same time, Judges be incorruptible requires precise definition. Besides, definition of Law Applications should not ignore.How to run the procedure is the core of Civil Protest. The right of Civil Protest is the first consideration to run Civil Protest Procedure, so we should limit the right of Civil Protest reasonable, we must deal with the relations with jurisdiction and a party right to applies for retrial. Suggestion from Procuratorial Organ which is the effective supplement of Civil Protest, is an important part of the legal supervision. It can be good to resolve the conflicts between the right of Civil Protest and jurisdiction through establishing review of the Civil Protest System; Enacting the scope and object, time and frequency is important to save judicial and litigants’resources, it can also guard the authority of the law and join the right of Civil Protest and right of application for retrial. Only give the prosecution right of investigation and evidence collection, can ensure the right of Civil Protest.