Protest System In The Civil Action

At present the civil procedural theories tell a lot of controversies of the civil protest system, the writer thinks that the civil protest system contain the necessity of reservation, and must be taken into perfect. To explain the necessity of the civil protest system, this text draws up from the history origin and development of the civil protest system of to the legal theory and the protest practice of the system. On this foundation, this text further elaborates that civil protest system in practice has several problems. In the end, the text puts forward some suggestions about how to reform the system.Chapter 1 tells the history origin and development of Chinese civil protest system, compares with correspondent systems of France, Japan, England and American, summarizes gains or losses of our system.Chapter 2 discusses the legal theory foundation and realistic foundation of civil protest system. The existence of the civil protest system has legal theory foundation. First, the protest system is a valid direct supervision on the adjudicative power, and this kind of supervision has the necessity in Chinese judicial conditions. Second, it didn't yet set up a system to authorize the party concerned the right to bring up retrial procedure, so the civil protest system proves to be necessary to some extent. Third, the civil protest system and three review final trial system can run parallel. The civil protest system also have the realistic foundation in judicial practice, because of the local judicatory protection doctrine, the administration tendency of the court and the judicial injustice ,the judicial system contain realistic necessity. Moreover, for protecting the public benefits, there is necessity in the civil protest system to take the responsibility.Chapter 3 aims at giving response to dissents upon the civil protest system. The dissents are: "the civil protest system damages judgmentindependence", "the civil protest system threats the judicial authority ", "the civil protest system influences the final trial power of Supreme People's Court," " the civil protest system injured the equal relation of the parties concerned". Meanwhile, the text does reasoning for response.Chapter 4 mainly discusses the existent problem of the civil protest practice. Judging from the lawmaking level, the current law is too simple, causing the shortage of leading law made to direct the protest practice. The civil protest practice also contains several problems. For example, The civil protest practice is wrongly guided;unilateral pursue for change of judgments ,for the extension case source and for the increasing quantity of the accomplishment still exists in protest practice;the utilitarianism motion of the point, the ignorance to the protection of the public benefits, and so on.Chapter 5 puts forward suggestion to perfect the civil protest system. First, bringing up standards must be established. Second, the origins of matter for bringing up protest must be regulated. Third, the chapter puts forward suggestions for the procurator to bring up a protest and participate in the retrial procedure.