The System Of Civil Protest In China

From prosecution power birth up to now, query the voice that it exists rationality have never broken off. Being the important constitute part of the Chinese civil prosecution system, the civil protest system also faces difficult situation. By many related theories not explaining clearly, it caused the judicatory practice medium of confusion. This text draws up to investigate the related theories with elaborate, then provide a viable project for the civil protest system of our country.This text adds up to more than 30,000 words. In addition to preface and conclusion, the text is divided into three parts. The main contents introduction as follows:The first part, it is the property and system model of the civil protest system. First, the premise of "separation of the executive, legislative and judicial powers" neglected the actual national power allocation of our country. The prosecution power in our country is the power of legal supervision, which is the security measure to guarantee the minimum standard of the uniform execution of the law. Second, by analyzing the different between the civil protest system and the criminal protest system proves that the civil prosecution power of our county is the power of legal supervision. At last, the civil protest system is "put-together" of the civil protest procedure and the retrial procedure. It is seriously violate the principles of law and the procedure projection.The second part, it is the balance between the civil protest system and the value goal of civil procedure. This part, it mainly investigated the following contents: the balance of the civil protest under res judicata, the balance between the civil protest system and the independent adjudication, the relation balance between judicial authority and the civil protest. By analyzing, it proves that the supervision of adjudication by prosecution is a double-edged sword. It can both help attain impartiality in the handling of cases and harm the authority of adjudication. However, these theories are not conflicting with the civil protest system. Under the judicial justice, they are not contradictory. The civil protest system can give an effective protection to them. It is only essential to arrange the purview and keep balance between these systems.The last part, it is the consummation of the civil protest. Before consummating the system, we should nail down the basic principles that we should assist. Then to escape from the present difficult state of the civil protest system, there are some courses for the reform. First, the resetting of the civil protest system is a must, so as to rebuild the system again. Second, the civil protest system over-emphasizes the power of supervision, and neglect the right of action. By the purpose of the civil procedure, the civil protest system should give priority to the right of action, assist of the power of supervision. At this foundation, the cases are divided into public-spirited case and not-public-spirited case. To different cases, the civil protest should have different power. At last, to the different case, the investigation and collect evidence of procuratorate and the civil retrial procedure class system all need reform.