Protest by the people's procuratorate refers to the litigation behavior that the people's procuratorate finds that the legally effective civil judgment or ruling of the people's court is indeed wrong and requests the people's court to retrial in accordance with legal procedures, also known as civil protest.
The people's procuratorate is the state's legal supervision organ, which enjoys the legal supervision power over the civil litigation behavior of the people's court according to law, and the protest is the function and authority of the people's procuratorate based on its legal supervision power. Handling civil protest cases through the people's procuratorate's exercise of legal supervision and exercising legal supervision over the civil trial activities of the people's courts are conducive to safeguarding national interests and social public interests, safeguarding judicial justice and judicial authority, and ensuring the unified and correct implementation of national laws. Therefore, if the people's procuratorate finds that the legally effective judgment or ruling of the people's court is wrong, it shall lodge a protest according to law, and the people's court shall retry the case protested by the people's procuratorate.
Article 209 of the Civil Procedure Law Under any of the following circumstances, the parties may apply to the People's Procuratorate for procuratorial suggestions or protests:
(a) the people's court rejected the application for retrial;
(two) the people's court fails to make a ruling on the retrial application within the time limit;
(3) There are obvious errors in the retrial judgment or ruling.
The people's procuratorate shall, within three months, examine the application of the parties concerned and make a decision on whether to put forward procuratorial suggestions or protest. The parties may not apply to the people's procuratorate for procuratorial suggestions or protests again.