Research On The Rights Of Investigation In Civil Protest

The right to protest China’s procuratorial organs investigation of concern has been, inbetween the procuratorial departments of practice and judicial practice departments also havedifferent perceptions and views. In order to strengthen the supervision of the civil trialactivities, the2012amendments to the "Civil Procedure Law" clearly defined，theprocuratorial organs in the performance of the legal responsibilities of supervision, theprocuratorial suggestions or to protest, to the parties concerned or an outsider can beinvestigated on the situation. However, the procuratorial organs to exercise the irght ofinvestigation of protest duty principle, method, scope, procedures, secuirty, is still not clearlydeifned. The author believes that, in the process of the law applicable, to make better use oflegal powers to strengthen legal supervision purposes，it is necessary to investigate the irghtof civil protest system framework was further improved, and the formation of a set ofinvestigation mechanism of operation arid specification of protest.This text is on the right of civil protest survey, from four aspects: first, starting from theconccpt of property right of civil protest investigation, by defining concepts and legalattributes to understand the right to protest investigation to determine the nature of the right ofcivil protest，the investigation is a right of the procuratorial power can, is the realization oflegal supervision means; and to compare the system of civil protest investigation power andprocuratorial power’ investigation power, right. In the analysis of legal supervision in Chinacultural background and procuratorial system was established on the basis of the background,ideological roots and the root system of civil protest rights clear investigation are nationalismand Soviet civil procuratorial system. Combined with the current scholars afifrmed doctrine,to protest the investigation irghts civil denial theory and the doctrine of the mean theoryviewpoint and the reasons, the author views in favor of the doctrinc of the mean, and theactual evaluation from the legal and. According to the technical defects existing in currentlegislation, the contcnt is impcrfect and contradictory situation and judicial practice ofprocuratorial organs using the power of randomness and procedures are not standardized andthe court with limited difficulties and judicial interpretation，the author will handle the case byanalyzing the form of empirical investigation means, use summary procuratorial practicc therelatively high frequency case situation, and study the use of the merits of the case investigation, in order to ifnd out the weakness of the system. Finally, according to thea’uthors own work, with the concept of location survey of civil protest rights as thebreakthrough point, suggestions on correction in accordance with law concept, legal,reasonable, fair, public, the principle of the dialectical unity in the execrise of rights cleargrasp, survey scope, security mechanism, restriction mechanism and start the program, fromstatic to dynamic, macro to micro multi orientation, multi angle to construct and perfect thesystem.