| The normal running of the society with rule of law requires every supervision system’s normal working, the Civil Prosecutorial Recommendation is the important way for the people’s procuratorate to carry out legal supervisions to the civil litigation activities. In 2012, the civil procurator supervision which has the characteristics of procedural law entered the civil procedure law officially, and it reflects the new trend of civil legal supervision. The Civil Prosecutorial Recommendation of our country started very late in the field of legislation. The Civil Prosecutorial Recommendation has made a great progress both in the theoretical research and judicial practice in recent years. The Civil Prosecutorial Recommendation is widely adopted, because of its unique characteristics, such as broad scope of applications, simplicity, flexibility, and targeted supervising power on individual case, strong suggestion’s acceptability and so on. It is also become the important means for procurator organs to perform its civil procurator supervision duties. Compared with civil protest, the Civil Prosecutorial Recommendation has lower judicial cost and a variety of supervision means. The soft feature of "recommendation" way is a bright spot. However, we cannot ignore the defects in the provisions of the Procurator Recommendation of the "civil procedural law". It adversely affects the application of the Civil Prosecutorial Recommendation in judicial practice. This thesis knows the overall application situations of the last ten years’national Civil Prosecutorial Recommendation through a lot of research works, and also looked up the recent years’Civil Prosecutorial Recommendation relevant data which is collected by the local MinHang procurator departments of our country. Through investigating and analyzing those materials, it found the existing problems of the Civil Prosecutorial Recommendation in the judicial practice and also tried to search for the solutions to those problems. |
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