An Analysis Of China 's Judicial Proposal System

Judicial proposal by people as a dynamic model of the judicial practice, more and more brought to the attention of the our country judicial academia and practice. The people’s court of the original system of judicial proposal in the exercise of jurisdiction is the court of self extension and innovation of social management, the court is no longer a passive exercise the judicial power, courts active play to the jurisdiction of social functions, actively join the social management, judicial proposal also becomes the people’s court in important ways in the process of participation in social management.This article mainly divides into four parts, the first part is the overview of the concept of judicial Suggestions related, the first part, first of all, from the time the longitudinal on the generation and development of judicial proposal to the division of three periods, and then the theoretical analysis of the concept and character of judicial proposal, and try to by combining different the existing research results of scholars from the perspective of our country’s judicial proposal have a sober understanding, secondly according to certain standards of judicial proposal type to make early warning against, case correct, mediation, perform auxiliary four types of communication. In this section deals with the effectiveness of the judicial proposal claims of judicial Suggestions according to different types give different legal effect. In this paper, the second part will focus on from two aspects of the value and function of system of judicial proposal on the legitimacy of judicial Suggestions, which mainly deals with the judicial value system value of judicial proposal, mainly from the judicial proposal order value and the governance value of two aspects. This section discusses the function of the judicial Suggestions combined with the main object of judicial suggestion works could be divided into judicial function of judicial proposal suggested the judicial function and social function of the judicial proposal, the main judicial function of judicial proposal from judicial activism, moderate conciliation, execute, auxiliary functions, the social function of the judicial Suggestions mainly from two aspects, to guide and supervise function and education enlightenment in this paper, the third part focuses on the objective in this paper, the system of judicial proposal status quo and current problems existing in the system of judicial proposal, the status of this part mainly from the legislative status quo of judicial proposal and practice two aspects, including the practice of judicial proposal status mainly from judicial Suggestions in practice judicial Suggestions applicable scope, the quality of judicial proposal, judicial Suggestions of production procedures, judicial proposal management norms and judicial Suggestions of implementing supervision mechanism, and this section deals with the problem of judicial proposal reasons mainly from the subjective social main body understanding insufficiency, imperfect legislation, production process simplification in three aspects, In this paper, the fourth part is mainly based on the status of the third part of the judicial proposals are put forward the improvement of the targeted measures and try to from the whole unified development and reform of system of judicial proposal, put forward some of his own opinions. This part mainly from four aspects, the first unified perfect measures from the legislation, the second aspect is to realize the importance of judicial proposal to the social main body, the third aspect is mainly to judicial proposal standardization construction, the fourth aspect is to establish the relevant auxiliary mechanism of judicial proposal. Although the present judicial suggestion system still exists many problems and shortcomings, but the author thinks that these problems will be solve in the process of gradually perfect.