The Theoretical And Authentic Proof Analysis On The System Of Civil Protest

Civil protest in an important function and power that constitution has entrusted to theprosectorial organizations to supervise the administration of justice.In its developmentprocess,it has been plagued by a variety of disputes.It is believed that fully comply with thecivil protest China’s national conditions,in the actual operation of the process,as our judiciarymade a great contribution to progress,it retained its claim to this problems exposed by thedevelopment and improvement to make it more better serve the rule of law in ourcountry.Some people think that the system of civil protest against the constitutional systementirely,and disorders of the normal judicial system,not only undermined the independence ofthe trial court the status of the people and basic principles of res judicata,but also interferewith the disposition of the parties,it advocated it abolition.The author believe such a systemaccords with the actual damands of building china into a country ruled by laws.The civilappeals system demonstrates the necessity and rationality in the existence of the reality in ourcountry.On this basis,the author brings the perfect ideas.In this thesis, the author interprets the basic theory of the civil protest system. Bycomparing and analyzing into all kinds of aspects which happened in intermediate people’scourt form2008to2010,such as the accepting and closing situations of adjudication to thecivil appeal cases, the sources and maintenance rate of the civil protest cases and theadjudication data of the cases which the people’s court decides to retrial and some problems ofthe civil appeal system in the operation, the author accordingly puts forward some suggestionsincluding the expansion the appeal scope of the procuratorate, the specification of the protestperiod and the number of protest, the improvement of the rights of investigation and evidencecollection and investigation of legal profile by the procuratorate, the specification of statusand limits of authority in the retrial process as well as the improvement of the supervisionphilosophy of prosecutors and professional accomplishment.