In dealing with the civil protest cases,the procuratorial organ should pay important attention to the persuasive argument in the protest statement,strengthen the communication and cooperation with the people s court.

Investigation and obtaining evidence of the procuratorial organization in civil protest should be regulated.

In recent years, there are some arguments for canceling and weakening the civil protest system in theory and in judicial practice supported by several reasons.

People’s Procuratorate’s civil counterappeal does not necessarily injure independence of exercising trial and decision, nor intervene in the party’s exercising of discipline, nor damages equal confrontation in civil appeal.

In this article,at the premise of admitting to the necessity and rationality of the existence of the power of investigating evidence of supervision organs in civil counterappeal procedure,the author tries to define the concrete scope of its power of investigating evidence in order to offer the theoretical reference for the practice of supervision organs.

From the perspective of pragmatism, this author analyzes the system of civil prosecutorial protest under the current judicial conditions and takes the point of view that such a system should be in the position of providing remedy for miscarriage of justice.

The Rationality of Civil Protest System and Supervisory Objects;

The prosecution in the justice practice should raise the understanding of the meaning of amending the subject of a civil appeal,adapt to the new situation, strengthen and standardize the work of civil protest,and gradually improve the working mechanism,fulfill the role of legal supervision of the prosecution.