The Study On Civil Protest Causes

Civil protest is a concrete manifestation of the people’s procuratorial organs to exerciseoversight functions of the Prosecutor-General. Civil Protest grounds as a protest program startcondition, it affects the entire litigation context and processes. Since1991Protest Systembuilt so far, three civil protests before amending the law. The Civil Protest System,Standardized transformation of the protest, the trustee is the consensus of the majority of thetheory and judicial practice. To start diversification of the main civil retrial procedure basedon the current, China established a retrial mode that “Court relief first, procuratorialsupervision bring up the rear”; The tripartite body of the courts, prosecutors, and the partiessituation has undergone a subtle change.In this paper, based on the evolution of elaborate protest grounds, Civil Protest in Chinabefore the legislative situation and existing problems were profound and specific analysis.Under the guidance of the concept of the full "error correction" legislation, the macro settingson the idea there is a deviation. With the parties retrial grounds isomorphic less reasonable,ignoring the prosecution of the protest status and break the pattern of equality againstlitigation by the parties, leading to practical drawbacks highlights. At the micro level, CivilProtest before specific defect in the subject matter of a statutory protest exposed one by one.Given the current legislative status quo of China’s Civil Protest before the existing problems,this paper re-sort the settings that are the subject of protest ideas, and pointed out that thecorrect positioning of the protest before the value orientation of concrete proposals in order toimprove the existing Civil Protest before the path. Firstly, Perfect microscopic level,reconstruction protest retrial a reasonable boundaries, standardized and unified level standards;Secondly, the defects of each type of protest before the targeted suggestions for improvement.Finally, the perfect trend of China’s civil protest before the make further ideas.