Study On Civil Protest Procedure

Our civil procedure law stipulates that the procuratorate has the power to make law supervision with civil judicial activities, and it also stipulates protest as the only supervision way, but there is no civil protest procedure regulation in our civil legislation. During the practice of administration of justice, as it lack of concrete motion rule of procedure, it is very difficult for the procuratorate to make civil protest supervision.The purpose of this thesis is try to establish an independent civil protest procedure. At the first , we introduce the headline of the civil protest procedure in this thesis, analysis its conception ,feature and applicable scope.In the second part, we analysis the procedure conflict borning of starting, motion and ending stages of currently civil protest procedure.. On the basis, we point out, just as there is no detail procedure regulation in the legislation, it directly leads to the procedure reflict. At last, we put forward some propositions on solving the problem. First of all, we should change the detained legislative idea and establish new legal one. Then, we advance some conception on perfecting civil protest procedure. One is to formulate judicial explanatory statement by the supreme people′s Procuratorate and the supreme Court, the purpose is to definite the protest scope ,the regulation of appearing in court and so on. The other is to modify the current civil procedure law and to design an independent civil protest procedure. The aim is to form a definite, effective and stable procedure regulation.