Our country's civil prosecutor-protested system is moves under the civil retrial system's background, it has not only manifested the procuratorial power to the judicial authority restriction, also has manifested the procuratorial power to the private power domain intervention. Therefore, the civil anti-right of suit must receive the strict limit, but should not regularly starting, in order to avoid the influence trial independence as well as harms the litigant legitimate rights and interests. But, the current law is too general about the Procuratorial agency regarding the civil appeal's stipulation, some stipulation insufficient science, causes in the practice to civil questions and so on appeal scope, procedure, way to have the big difference, has affected the civil prosecutor-protested system's actual function display, thus needs to consummate and the standard civil prosecutor-protested system, the standard People's court tries the appeal case's procedure. This article from the influence civil prosecutor-protested system design's prerequisite question, namely already sentences the strength and civil appeal balanced, the litigant disposition right and appeal procuratorial power balanced embarks, in the discussion present legislation and the judicature exists the question and proposes the solution perfect measure.
Key words: civil prosecutorial protest, get the balance, deficiencies, to perfect