Empirical Analysis On The Retrial Of Civil Protest

The newly-amended Civil Procedure Law of the People’s Republic of China highlightsand stresses on the prosecutorial supervision over civil procedure and the compulsoryexecution by adopting new interpretation of the basic principles and deepening and enrichingrelevant specific systems and procedures. However, confusion and dilemma on the Lawremain when it comes to its application to civil protest, due to the law’s insufficient provisionon relevant retrial procedures, and to those judicial interpretation and internal documentsprovided separately by courts and prosecutorial organs which are neither uniform norscientific nor comprehensive, coupled with the particularities of prosecutorial protest of courtcivil decisions. In China, despite that the prosecutorial supervision system over civilprocedure has been implemented for over20years, social satisfaction and recognition on itremains at lower level. This system is still far from people’s expectation in terms of itsstrength, quality, efficiency and effect, and many shortcomings and defects are constantlyrevealed in the process of operation.This article in the first part of the legal system of civil protest system review of thesystem, the civil procuratorial supervision principle in the law and the judicial practice causedby the remaining waste debate and the practical significance has carried on the preliminaryanalysis and discussion.The second part from the Guangxi Zhuang Autonomous Region, the people’s court fornearly four years of civil protest starting retrial case, collect the relevant data, caseinformation, with the perspective of judicial practice effect, the civil protest system in ourcountry, the people’s court of the empirical analysis on the operational status of civil trial.The third part from the motivation of the parties apply for procuratorial organs bycomplicated, long application for retrial, repeated complaints phenomenon still exists;Procuratorial organs abuse of right to protest; To apply for the protest time limits, trial scope,such as legal documents served not clear; Procuratorial organs in accordance with theauthority to obtain evidence is controversial; Procuratorial organs lack of trial procedure, etc.,deeply analyzes the differences of civil protest system in theory, legislation on fuzzy, practiceof confusion, these problems directly affect the civil protest retrial case, to a certain extent,cause the waste of judicial resources. The fourth part is how to perfect our country’s civil protest system put forward somerationalization proposals: such as establishing the principle of limited retrial; In limiting theparties apply for protest period, moderate exercising regulation counterappeal right, normprocuratorial organs to civil protest cases, civil protest principles apply for clear civil protestfor aspects such as establishing the corresponding standard and scale of the parties to appealto the procuratorial authority restriction mechanism; Clear civil counterappeal retrial casescope; From the trial, prosecutors obtain evidence cross-examination, the plaintiff in theprotest dropped right in the retrial of the clarify the litigation status of counterappeal authorityand procedures, in order to this level from the judicial application will provide an idea forperfecting our country’s civil protest system and reference, a sound system of procuratorialsupervision case retrial work, so as to realize the civil supervision and procuratorial authorityand court retrial jurisdiction of division of labor cooperation and restraining each other, andmake the trial of cases involving civil counterappeal retrial rules-based.