The Shortage And Perfection Of Procurator's Protest Of Civil Cases In China

Our Constitution provides that the procurator system is the department to supervise the course of law. It supervises the law independence, supervising the trial of court is its duty. But the deficient legislation,the cursory structure and the differences on theories research obstruct the function development of the civil procurator's protest system. This article will elaborate the necessity of the system, compare with the role of other countries procurator in the civil proceedings. On this foundation, the article will further point out losses of our civil procurator's protest system, and put forward some suggestions.Besides the preface and the conclusion the dissertation is divided into four chapters.The first chapter is about the introduction of the civil procurator's protest system. Besides the definition and the characteristics this part will analyze the foundation of the civil procurator's protest system in our country. The clear law provisions are the legislative source of it, our current constitution and polity are the constitutional foundation, the achievement of the civil proceedings aim and in pursuit of the justice fair are the other reasons of the existence of the system. At the same time the unfair justice and the balance of powers also need the civil procurator's protest system.The second chapter is the role comparison of the procurator system in the world. Because the civil procurator's protest system exists only in China, other countries don't have similar system, so it can hardly draw lessons from other countries. But in almost every country the procurator takes part in civil proceedings. This part analysis the reasons why we established such system and tell us its characteristics through seeing about the role of procurator in Russian,France,England and American. It also traces back the history of our procurator's protest.The third chapter is about the shortages of the procurator's protest system in our country and why it has so many problems. This part mainly generalizes the shortages in lawmaking level, summarizes the barriers in the practice and analyzes the internal reasons, which prevent the enforcement of the supervision. Because the current law is too simple, which causes many shortages such as the objects covered by the procurator's protest system are not clear, the conditions of protest are not in details, and the procedure is not concrete. In practice, the passive attitude of the court,the uncontrolled safeguard of free judgment and the mechanism of rewards and punishment in court system all restrict the enforcement of the procurator's protest system. At the same time, the ideas of the procurator system and the local tendency of the judicial powers also affect that system efficiency.The fourth chapter is about suggestions on perfection of the procurator's protest system. Only have problems can excavate, the best solution can be found. The thorough analysis of the system can become the theories basis of the procurator's protest system perfection. Connect with the situations in our country this part put forwards some advises. Firstly, the law must be concrete, the range of application of protest should be clear, the time limit in protest procedure would be confirmed, the principle of protest and trail at the same level and the procurator needn't take part in the retrial must be affirmed, the matter for bring up protest must be concrete. Secondly, in practice we must change traditional ideas and actions, and strengthen the procurator system and the court. The legislation and the practice paralleled will make the civil procurator's protest system more reasonable, the function more notable.The civil protest supervision does well to our legal system, as a procurator, facing the shortage of it, I feel my heart smart, and so I make my graduation dissertation about it. Firstly, the dissertation can be a brief summary of my work. Secondly, combining with my practice, I will point out the shortages and inspect some personal opinions on how to resolve problems in the civil protest supervision, which maybe make the system better.