Concerning The Applicable Situation And System Reform Of Civil Administration Procuratorial Suggestions

This paper tries to conclude the theoretical problem, the realistic existing forms and existing problems of civil administration procuratorial suggestions, and puts forward perfection suggestions finally. This paper considers that civil administration procuratorial suggestions adopted a generalized concept. It includes retrial procuratorial suggestions and other procuratorial suggestions, and it can be seen as a kind of"administrative guidance"behavior in administrative law. From the aspects of the values and national conditions of law, and judicial practice, civil administration procuratorial supervision should consider civil administration procuratorial suggestions as a monitor mode. Although civil administration procuratorial suggestions is a fact behavior and do not have any legal sanctions, it has certain fact power of enforcement. The range of civil administration procuratorial suggestions should have universality, but it should be limited in the civil trail and the related parties and events of administrative litigation. This paper concludes the concrete form of civil administration procuratorial suggestions into pre-lawsuit supervision, mid-lawsuit supervision, administration supervision and successor supervision, etc. This paper considers that the existing problem of civil administration procuratorial suggestions in practication is the lack of legal ground, the cognition divergence between inspection and law, and the lack of operation rule. The concrete perfection suggestions are putting forward legislative proposal, unifying and regulating the format and content of retrial procuratorial suggestions, and enhancing the communication and coordination of inspection and law.