Civil Protest System Good Change Research

Civil protest happens when People’s procuratorate find that there are statute situations exist in the legally effective judgments, verdicts or mediation agreements in civil cases and it is used to intrigue People’s Court to start the retrial of these cases. Civil protest is the exercising of legal supervision by the people’s procuratorate. Its nature is the supervision of the public power by another public power. The key is to negate the inequitable but effective judgments or verdicts and bring the damaged civil right into the judicial relief program. The system is based on China’s national conditions. It also absorbs some excellent oversea legal culture and legislative achievement with a sense of time and is adaptable. But as the development of the civil protest, the defects of this unique legal system for supervision emerged due to congenital deficiencies at the legislative level and restriction from practice mechanism.This paper starts from the civil ports cases in the past six years. We will read through these cases, collect relevant data,analyze these real cases and try to find out where the problems are. In our country, the main problems in civil protest system are the divergences in theory, the ambiguity in the legislation and the confusions in the practice etc. These exhibit in the forms of:the statute situations for civil protest are ambiguous, the spectrum is not clear, the procedure of the protest and the responsibility and position of the personnel are not specified, the criterion for the People’s procuratorate to attend the court is missing, and often the practice is sightless etc. These problems directly affect the effective retrial of the cases. And it is a waste of resources to some extent. This paper will make some suggestions on how to improve our country’s civil protest system, such as focus on supervision by People’s procuratorate, improve and clarify retrial system, protect the right of the litigation parties for retrial, establish the responsibility mechanism of civil protest, improve the accuracy and seriousness of the protest, define and clarify the spectrum and period of civil protest case,clarify the legal status of the protest authority and regulate the procedure and duty etc. The author stands in judicial practice angle and expresses her own opinion. Wish our country’s civil protest system can overcome the existing shortages through judicial reforms and reasonable design so as to contribute to the progress of civil litigation.