Discussing On Operation And Improvement Of Civil Inspecting Suggestion In China

The proposal of Chinese Civil Prosecution has developed in the civil prosecutionpractice.It is one of the supervisory rules of the civil prosecution, which is a supplement ofcivil counter-appeal. What’s more, the proposal of Chinese Civil Prosecution can raise thework efficiency, coordinate fairness and efficiency, and soften the relationship between thecourt and the Prosecution. In this way, the prosecutorial practice has achieved very goodresults. However, the imperfections of our legislative level and the absence of the relevantrules of procedure lead to civil prosecution in practice is not uniform and even chaos, whichseriously affect the judicial authority. This thesis is based on the legislative status of civilprosecution as well as practical conditions to analyses the legislative and practical issues incivil prosecution recommendations, to make some countermeasures finally, and to hope thisthesis will help the theoretical research and practical application of the proposed civilprosecution.The thesis is divided into four parts.PartⅠ,summary of the Civil Prosecution. This part starts at the concept of the InspectingSuggestion. In the process of inspection and supervision, People’s Prosecution point theirviews in order to correct the wrong case, apply the law correctly and improve their work, inthe way of writing to the court. Subsequently, this part demonstrates the attributes andcharacteristics of power, which lays the foundation for discussion of scoping below.PartⅡ, legal basis of the Civil Prosecution. Firstly, this part discourses the existinglegitimacy of the Civil Prosecution recommendations, from achieving functions of civilprosecution needs and the principle of appropriate supervision. And then this part discussesthe basis of the legitimacy of the value proposition of the proposed civil prosecution, to pointthe value which is mainly reflected on the coordination of fairness and efficiency to improvecivil prosecution supervision methods and soften the courts and Prosecution relations.Part Ⅲ, analysis of the current situation and problem of Civil Prosecutionrecommendations. This part discusses the recommendations of the civil prosecution from the legislation and practice. Civil prosecution legislation is more focused on the judicialinterpretations, but the Civil Procedure Law does not provide, leading to the lower grade ofcivil prosecution recommended by the force of law. Besides, the Civil Prosecution proposedlegislation is also reflected in the narrow range of entities and program specification is toosimple. In practical process, the embodiment of the chaos of the program such as theproduction process is not standardized, and service of process is not uniform.Part Ⅳ, improvement of the civil prosecution recommendations. Through the aboveanalysis of the proposed legislative and practical issues of civil prosecution, I believe that Ishould give some suggestions from the concept and legal requirements. Firstly, under thepremise of the basic concepts to protect the justice and authority, we should also adhere to thelaw correction and limited use of the concept of reasonable restrictions. Secondly, thelegislation perfectness aspects mainly focus on confirming the nature, validity and scope ofapplication of the recommendations of the civil prosecution. Thirdly, in order to achieve theunity of practical program, it is necessary to respond to civil prosecution recommended theproduction and the issue of procedural provisions, and reflects the seriousness and authorityof the civil prosecution recommendations. Finally, it should strengthen the improvement ofthe system, such as means of implementation of recommendations by the norms of civilprosecutions, strengthen the communication between the law reviews on the proposed workof the civil prosecution, and establish a scientific and rational evaluation of incentives.