On Procuratorial Proposal

Chinese procuratorial organs are the state organs for legal supervision, procuratorial suggestion is a power that derived from legal supervision power, it is a natural extension of the power in the procuratorate, and for the realization of the function with legal supervision service. The suggestion is a form of litigation activitiesthat for the people’s Procuratorate promoting the correct implementation of the law, and promoting social harmony and stability, to fulfill the function of legal supervision in the process of law enforcement, combined with the case, suggesting that the related units to perfect the system, strengthen the internal restriction and supervision, the correct implementation of the laws and regulations, perfect social management, services, to prevent and reduce crime, enlarge the effect and social effect in an important way. This paper studies the procuratorial suggestion is that the people’s Procuratorate performing legal duty of supervision and participation in social management an important means of innovation.Based on the Chinese reality national condition, to make a careful and detailed analysis, careful, active exploration in the present stage of our country procuratorial suggestion system, taken from micro to macro, from theory to practice and improve the writing train of thought, the procuratorial suggestion system research for procuratorial suggestion of procuratorates, proposed legal analysis, empirical analysis and the suggestion procuratorial suggestion system and law demand of idea of four parts to study.The first part is mainly about the proposal and its historical evolution, the basic category analysis. Based on the definition of relevant procuratorial suggestion, development history and features, functions of judicial suggestions, and the similarities and differences between the studies, a more comprehensive interpretation of the concept of procuratorial suggestions.The second part of the proposed legal analysis, mainly from the legal attributes and powers attribute two aspects, study recommended the prosecution in our country the necessity. On this basis, further integration of our procuratorial suggestion system features, explore the proposed power connotation and extension, and the suggestions for is a specific, flexible fact procuratorial behavior.The third part from Chinese procuratorial suggestion of judicial practice, based on the value of litigation of procuratorial suggestions on macro structure of procuratorial proposals were empirical analysis. Firstly points out the current procuratorial suggestions relevant laws and regulations and practice running out of line, between numerous dislocation link, further analyzes the reasons, contradiction and system blemish. On this basis, respectively, from the standard and practical perspective, on the implementation of link in the procuratorial suggestion real analysis.The fourth part of procuratorial suggestions to perfect the system of theory, aimed at combining empirical analysis, put forward to perfect the system and law demand of theoretical ideas, legislative design, as well as in strengthening and innovating social management path design.