On The Clivil Protest System

Civil protest system is a legal basis, practice, theoretical support, suits our country national condition the system. It can make the effect of the justification of the important function, especially in the judicial corruption, judicial unfairness phenomenon still exists when, retain the civil protest system also helps to reduce the judicial corruption and judicial injustice, heavy tree civil judicial authority. Therefore, to study the civil protest system, to strengthen and standardize the procuratorial organs in civil adjudication supervision, promote people’s court impartial and honest law enforcement, maintain the legal authority and dignity, safeguard the legitimate rights and interests of citizens, has very important significance.All along, our system of civil protest by the theoretical circles and judicial departments widespread attention of civil protest, for the rationality of existence of affirmation, negation, theory and eclectic theory. The article thinks, the civil appeal system is people’s procuratorates of the people’s court civil trial activities are an important part of legal supervision of procuratorial supervision in civil lawsuit, along with efforts to the continuous strengthening of civil appeal cases, also gradually increased, to prevent and correct wrong judgment, Safeguard judicial justice, produced positive effect, so the civil appeal system exists in reality necessity. As a result of the civil procedural law of the civil protest system stipulated too principle, is not clear, the lack of practical operation, especially for the civil protest system conditions, scope, procedures and regulations are not perfect, and less judicial interpretation, in the judicial practice appears question also gradually increased, resulting in some different understanding, has led to the system of civil protest questioning the value of its existence, but we cannot be certain limitations as an excuse to restrict it, nor to the changes of the times for the origin of negation has the positive significance. Indeed, our current system of civil protest need reform and perfect, but the system itself contains the value of litigation and our society this value objective reality demand determines its show to only tends aggrandizement. We need from the legislation and the practice aspect, perfect and improve the system of civil protest, to play the unique role of civil protest.This article through to the civil protest system concept, legal characteristics, the realistic necessity and other aspects of the civil protest system as a special legal system of China, the realization of judicial justice, safeguard the legal rights of parties, improve the socialist legal system has the legal significance, at the same time, through to our country existing civil protest system to reflect on the problems, in protest, protest, protest the main subject scope, duration, frequency, protest the retrial procedure, the legal status of procuratorial organs in such aspects as the perfection of civil protest system proposals, with period the civil appeal system in the judicial practice to get effective operation.