| 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.The civil procedure law, the provisions of article one hundred and eighty-five of the civilprotest system has failed to meet the public of the growing judicial justice and efficiencyneeds, its defects and drawbacks increasingly prominent, has urgent need to improve.Questionnaire statistical results show that although the our country civil protest system incorrect mistakes on the referee made a great contribution, however, due to some externalfactors, the system have not been able to display the best role.The our country civil protest system principle for "a mistake to must rectify", thisprinciple in the litigation process presented many defects, therefore, our country civil protestsystem should be established in accordance with the judicial idea of error correction.The our country civil protest system legislation present situation and defects. |
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