The Civil Protest System Of Our Country The Reflection And Perfection In Our Country

Civil Protest System is an important system which guarantees the justice of civil litigation judgments and orders. It is of great significance in settling civil dispute legally and properly and in improving the execution efficiency of civil litigation judgments and orders, and thus to construct a socialism relationship with harmonious and equality. The civil protest system is introduced to the civil litigation activity on different levels with the transition of civil action mode in china. However, since the beginning of its introduction, the civil protest system, so called the public right intervening into the private right realm, causes a lot of debates both in the jurisprudential circles and the judicial practice and has a mixed reaction. Due to the immaturity of theoretical study and highly dispute in the judicial practice, the system’s implementation in the civil lawsuit activity in our country is seriously affected. Accordingly, this thesis, titled as "the reflection and improvement of the civil protest system in our country", is trying to discuss how to perfect this system from the visual angle of the civil lawsuit pattern conversion in our country and on the base of carding and reflecting our country’s civil protest system, in hope to improve our country’s civil protest system. Excepting preface and conclusion, the paper is mainly divided into the following four parts:The first part, explanation of the intrinsic status of the prosecutorial power in civil litigation. Firstly, defining the meaning of civil litigation pattern—it refers to various kinds of decisive factors and their relationship of the abstract form by the structure of supporting the civil litigation system and operational program. Secondly, explaining the intrinsic position of the prosecutorial power in the civil action—the prosecutorial organs is the natural main body in the civil litigation law relations and the supervision—the prosecutorial power supervises the judicial authority is throughout the overall process of the civil litigation more than the binding civil judgments and orders. Lastly, this paper discusses the civil litigation pattern types and classification standard.The second part, exploring the role of prosecutorial power in terms of the mode characteristics. Through the legal text and relevant judicial interpretations of the longitudinal combing, it is not difficult to discover that our country’s civil procedure development process has experienced three relatively independent stages, but the present situation is still belongs to the functions and powers doctrine lawsuit pattern. Highly centralized planned economic system is the economic base of the pattern established, and the transplantation of the civil litigation system of the Former Soviet Union and succession of the judiciary style of Ma Xiwu is the direct cause of the pattern established. In this kind of functions and powers doctrine mode, the prosecution organs characterized the role of "active intervener".The third part discusses the transformation of civil litigation pattern and prosecution organs role and its significance. The economic base determines the superstructure. Economic system from the planned economy to the market economy, decides that the ligation pattern from authority doctrine to party doctrine. It requires that the parties and their agents should be the important subjects of civil legal relationship and the prosecution organ should be reliever not intervener, which is more conducive to settle the civil dispute between the parties by a settlement agreement and is more favorable for recognition and enforcement of the judgment and arbitral award of the court, and thus is more conducive to build a harmonious relationship of socialist society.The fourth part elaborates specific suggestions to perfect the current civil protest rules from the perspective of party’s doctrine mode:first of all, our country must speed up the legislation construction of diversified civil prosecutorial supervision pattern which centers on the civil protest; Secondly, the start and end of the appeal procedure should be restricted by the disposition of the litigant; in addition, the offer of the protest reasons should be restricted by the fact claims of the litigant; finally, an investigation and collecting evidence should not be done in the protest case unless it is really necessary.