Research Procuratorial Suggestion Legislation

People’s Procuratorate Procurator proposal is in the exercise of supervisory power over the course of law, the legal system to safeguard national unity, prevent and reduce crimes, promote social security and stability, actively participate in social security comprehensive management and corruption prevention work, with law enforcement investigators, suggested the correct implementation of the relevant units Law, improve management, strengthen internal constraints, oversight, loopholes to prevent and reduce crimes, to amplify their effects is an important way, is the People’s Procuratorate to perform the functions of an important means of legal supervision.Practice is the leading theory, the empirical analysis of the accuracy of test theory has always been an important research paradigm. Attorney proposed to accurately grasp the real operating conditions however, the author attempts to Chengdu, the prosecution of which 10 are primary homes Attorney in 2006-2008 as the sample implementation of the recommendations, the judicial practice on the prosecution proposed to run in the track make more precise and clear Analysis. In practice, prosecutors recommended the operation, there are still many problems, such as the production is not standardized, the form is not unified, less precise and appropriate content, free of payment, etc., thus leaving prosecutorial recommendations and suggestions very difficult to form binding force, difficult to be proposed Units due respect, the prosecution suggested the law should lose social value.Depth study of the recommendations of the prosecution the right to clear their nature, scope, and security measures for the rational allocation of prosecutorial power, improve the system of legal supervision is of great significance. Suggested that the state legislature in the Criminal Procedure Law, the Organic Law of the People’s Procuratorate and other relevant laws in the prosecution recommended a clear right to be included within the competence of the People’s Procuratorate. Attorney recommended the adoption of legislation clearly the right concept, the provisions of its scope, procedures and instruments for the contents, and the corresponding implementation of safeguards and remedies. In other related laws and regulations, work rules, the specific provisions to implement the corresponding security system, to form a complete system of systems.