Although reasons for lodging a protest have been improved according to the Civil Procedural Law revised on Octobor 28,2007,it is essential for the system of civil prosecutiorial protest to be amended further in aspects such as the scope of prosecuturial protest,procedure of lodging a protest,number of times of lodging a protest,and so on.

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.

The criminal prosecutorial protest is of critical importance to ensuring judicial justice,but there are some defects in current system,such as indefinite premise of instituting an action,unperfected procedure,and the defect of protecting victim s interest,etc.

Based on a survey on the criminal prosecutorial protest cases handled by Shenzhen procuratorates in recent two years, the author finds that some difficulties still exist in the protest work, e.

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.

The Rationality of Civil Protest System and Supervisory Objects;

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.