Reflection And Perfection Of Civil Protect System

Civil protest plays an important role in safeguarding judicial justice,punishing judicial corruption and ensuring the uniform and correct implementation of laws.In 2012,the Civil Procedure Law of our country made a major amendment to the civil procuratorial supervision system centered on civil protest.It is both an opportunity and a challenge for the people' s procuratorates at all levels.This thesis will discuss and analyze main issues on civil protest in China.Moreover,the thesis will put forward the idea ofperfecting civil protest system.The whole thesis is divided into three parts:preface,body and conclusion,with altogether about 28,000 words.The preface introduces the present situation of civil protest system in China,points out the importance of civil protest system,suggests perfecting.The body includes four chapters.The first chapter illustrates the basic theory of civil protest system.Civil protest system should be defined as post-facto supervision and limited supervision.The legal basis of the emergence and existence of civil protest system is the principle of power balance.Civil protest should follow the principles of legality,modesty,peer supervision and efficiency.The second chapter touches upon survey and self-criticismofcivil protest system in China.On the basis of introduction of the present legislativesituation of civil protest in China,some issues on civil protest system in China are analyzed,and corresponding causes are explored.In legislation and judicial practice,there are still many problems in the system of civil protest in our country,which affect the effect of supervision of civil protest and need to be solved clearly:firstly,from the legislative level,the function orientation of civil protest is not accurate;the way to initiate civil protest is not reasonable;the local people' s procuratorates at all levels can not directly protest to the peoples courts at the same level to highlight the disadvantages;the procedure of civil protest is imperfect.Secondly,at the judicial level,the current civil protest system leads to low efficiency;the pressure of interest appeal and strike is increasing;and the overall business level of civil procurators is relatively low.The third chapter presents foreign legislation about civil legal supervision system and compares,resulting in enlightenment of foreign legislation.Stones from other hills may serve to polish the jade of this one.Through the comparison of the foreign civil legal supervision system,we can get some useful enlightenment and can be used for reference.The fourth chapter puts forward the idea of perfecting civil protest system of our country.In view of the main problems existing in the civil protest system of our country,this paper puts forward some suggestions to perfect the civil protest system of our country.First of all,at the legislative level,the specific reasons of civil protest should be strictly limited,and the function of civil protest should be accurately positioned.The way of initiating civil protest is strictly limited,and it is clearly stipulated that the way of initiating civil protest should be based on the principle of applying for civil protest by the parties concerned,and the exception of civil protest filed by the people' s procuratorates according to their functions and powers;To establish the corresponding protest system of local people' s procuratorates at all levels in order to ensure the reasonable and effective use of limited judicial resources;to improve the relevant procedures of civil protest,the time limit for the parties to apply for civil protest to the people' s procuratorates should be clearly specified;clearly stipulate the right of examination files of the people' s procuratorates;clearly stipulate the time limit for the people s procuratorate to file a civil protest and the times of protest.Secondly,at the judicial level,we should establish the tracking mechanism of civil protest cases,improve the level of protest business of the civil procuratorial team,strengthen the connection and communication with the people' s courts at the same level,and carry out the diversion of civil procuratorial and administrative procuratorial supervision.Only in this way,can the system of civil protest be improved systematically and comprehensively so as to ensure the effect of civil protest.The conclusion reaffirms the practical significance of research in civil protest system,and suggests drawing lessons from foreign advanced experience,combining the national conditions-of our country and revising the current civil procedure law as soon as possible,so that civil protest system of our country could be perfected step by step.