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Study on the Civil Protest System in Our Country

Author: HuangHe
Tutor: TanEnHui
School: Taiyuan University of Science and Technology
Course: Procedural Law
Keywords: Civil Protest Legal supervision Retrial
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 182
Quote: 2
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Abstract


Civil protest is an important power that our Constitution gives procuratorial organs of legal supervision over civil proceedings. The system of civil protest as the current one of the requirements of the Code of Civil Procedure, the law enacted more than a decade, the work of civil protest some achievements. But with the development of the times, the plight of the defects of the legislation and judicial practice more and more prominent, the effectiveness of the operation of the system of civil protest more and more legislation was expected departure from. Therefore, the academic setting off a discussion of the system of civil protest, some scholars even believe that our country does not exist the necessary system of civil protest. Article, the author explains the basic elements of the system of civil protest, the use of historical analysis and made a presentation on the history and status quo of China's system of civil protest, and pointed out that the system of civil protest in the run process and several theorists it point of view. The author abroad system carried out a comparative study, analysis of other countries, or the reason there is no system of civil protest, demonstration of the necessity and rationality of the system of civil protest in our reality, based on its transformation of ideas . Our system of civil protest is a manifestation of the procuratorial organs of legal supervision over the civil litigation field. Therefore its retention or abolition of perfecting a comprehensive consideration to the system of civil prosecution on retrial, the trial-level system. The essential attribute of the prosecutorial power in our country is a right to legal supervision, its most important feature is its program. Its own characteristics determine its oversight jurisdiction over the process, the same to be the final judge of the Court of constraints. Instance is final trial level system, one of the system of civil protest as the start of the retrial procedure has the advantage unmatched by the court in accordance with the terms of start-up and the parties complaint. In a civil action, the existence of such a right to legal supervision both reflect the constraints of power theory needs to reflect the real demand of the right to relief. Therefore, at this stage our country can not abolish the system of civil protest, and to deal with it is to be improved. This stage our system of civil protest following problems: First, will \Missing the procuratorial organs examined cases of civil protest procedures. Mainly for the protest procedure is initiated ex officio, the range of civil protest fuzzy, to protest conditions unscientific. People's Court civil protest case the program is missing. Mainly attend the retrial court functions and status is not clear, to protest authorities closed the way the Court retrial not clear. Therefore, it is necessary from the guiding ideology, protest review procedures and Court retrial procedure to perfect our system of civil protest. At the same time to make the right to civil protest really play a restrictive role of the judicial authority, must also equip them with the necessary auxiliary power.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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