Research On Procuratorial Suggestion System

As a judicial system with distinctive Chinese characteristics,the procuratorial suggestion system is an important system designed for implementing the constitutional position of procuratorial organs in the Chinese Constitution.It is an important mechanism for procuratorial organs to perform legal supervision and public welfare guardianship.It plays a unique role in national governance.Especially in the past 40 years of reform and opening up,the procuratorial suggestion system has experienced a development process from actual to legal aspect,from part to whole,and from low-level to high-level.It has become a basic system that running through the four major procuratorial systems: criminal,civil,administrative,and public interest litigation.The procuratorial suggestion system is closely linked to the goal of the modernization of the national governance system and governance capacity in the new era.It is not only a part of the national governance system,but also plays a huge role in improving the country's governance capacity.It is an important institutional guarantee for procuratorial organs to participate in national governance in the new era.This article takes the procuratorial suggestion system as the research object,intending to explain why it came into being,why it evolved,how effective it is,and how it will develop.From the perspective of genetics,through exploring the knowledge pedigree,Chinese characteristics and political and social functions of the procuratorial suggestion system,it reveals the fundamental reason for its emergence and development in China.First of all,the traditional legal culture represented by the ancient Chinese imperial history system precipitated a suitable political,social and cultural environment for its construction in China,laying the genes of traditional legal culture;modern development under the influence of theories of decentralization and restriction.The procuratorial system gave birth to the germination of the system.Because of the widespread presence of supervision or the tendency to participate in social governance,it has many advisory powers and similar systems;the socialist rule of law tradition based on Lenin's legal supervision thought and the Soviet procuratorial system as a model.The birth created a decisive factor.The specific form of procuratorial advice was derived from the nature of legal supervision of the procuratorial agency and the need to exercise general supervision power;localized factors represented by the political and legal traditions provided the necessary space for its endogenous evolution.The historical origin of the procuratorial advice appeared in the base area,and the judicial characteristics in the political and legal traditions and the comprehensive social governance activities gave it a rebirth.Secondly,the legal status,value,function and application of the procuratorial suggestion system in the new era have undergone revolutionary development,showing the constitutionality of the system positioning,the legitimacy of the system foundation,the uniqueness of the system,and the compatibility of system design.It has Chinese characteristics such as rigidity and flexibility.Through the analysis and demonstration of the legal basis of the procuratorial suggestion system,it can be seen that its essence is the constitutional positioning of the procuratorial organ and its power origin is the legal supervision power.Based on the level of compulsory procuratorial recommendations and the degree of implementation,they can be divided into administrative public interest litigation,litigation supervision and social governance.The former is compulsory procuratorial recommendations,while the latter two are non-compulsory procuratorial recommendations.Finally,the contemporary procuratorial suggestion system mainly exhibits six major political and social functions: realizing legal supervision;ensuring uniform implementation of laws;guaranteeing rights;restricting power;advancing social governance;safeguarding national and social public interests.The paradigm evolution of the procuratorial suggestion system is based on the transformation of the procuratorial work paradigm.After the founding of the People's Republic of China,with the historical transformation of procuratorial work from the general supervision paradigm to the criminal procuratorial supervision paradigm,And then to the legal supervision paradigm,and then to the public interest representative paradigm,the procuratorial suggestion system has undergone several profound changes.Different paradigms reflect their respective connotations and characteristics in terms of category,application field,legal status,value and function.The changes in China's social structure,social culture,legal concepts,and procuratorial ideas,as well as the status and function of procuratorial organs in the state authority,have profoundly affected the value,function and role of the procuratorial suggestion system,and also It constitutes the basic motivation for the formation and transformation of the paradigm of the procuratorial suggestion system..As a compulsory procuratorial suggestion,public interest litigation procuratorial suggestions are closely related to the modernization of national governance.Its relatively independent characteristics make it necessary to fully realize the supervisory attributes and rectification functions of the pre-litigation procedure,but also serve the administrative litigation.This dual attribute has caused the inconsistency of legislation and practice.In operation,issues such as the identification of public interest,the confirmation of illegality,and the exercise of the power of investigation and verification are practical and theoretical issues that need to be resolved urgently.From the practical and legislative levels,the compulsory procuratorial suggestion system is improved by establishing relevant review standards,strengthening the compulsory power of investigation and verification power,and expanding the scope of application.The social governance procuratorial proposal represented by the "No.1 procuratorial proposal" has given new vitality in the new era,and its reasonable positioning and limitation have major theoretical concerns.However,in reality,there are still outstanding problems such as insufficient standardization,insufficient rigidity,and insufficient attention.As a litigation supervision procuratorial suggestion,the re-examination procuratorial suggestion has problems such as insufficiently clear applicable conditions and insufficient procedural design.There is a certain degree of alienation in its system design and practical effects.For this reason,in practice,the non-compulsory procuratorial suggestion system can be improved by strengthening relevant internal and external mechanisms,as well as improving the legislative level and expanding the scope of legislation.The specific path to innovate and improve the procuratorial suggestion system in the new era is as follows: First,strengthen the legislation of the procuratorial suggestion system at the national level,so that it can be integrated into the national governance system in a scientific and reasonable manner,choose practical and feasible legislative models and approaches,and improve the procuratorial system through law revision activities.The proposed institutional system enhances the ability to use legal supervision to promote the modernization of national governance.Second,as the main body and leader of the procuratorial suggestion system,procuratorial organs should combine the concepts of procuratorial work in the new era,and put forward clear goals and directions for procuratorial suggestions in terms of improving working mechanisms,innovating supervisory concepts,and highlighting key areas.After summarizing the internal and external contradictions that restrict its development,it is problem-oriented,from the perspective of the internal requirements of legal supervision and the modernization of national governance,and adheres to the direction of scientific,judicial,modest,synergistic,and intelligent.The institutional system is more scientific,the institutional norms are more reasonable,the institutional operation is smoother,and the institutional effectiveness is more rigid.