Research On Civil Procuratorial Suggestion

The civil Procuratorial Suggestion is one kind of legal supervisionsbehavior that refers to People’s Procuratorate In the process offulfilling the legal supervision responsibility，sends out to the people’scourt, in view of already became effective, has the wrong civil judgmenttruly, rules and the reconciliation agreement，as well as the factors thatthe people’s court has not caused the legal liability in the hindranceexecution of the law that in civil action trial, mediation, execution andother activities，but possibly to cause the illegal activity occurred oncemore，proposed written work correct opinions, improvement or other workopinions. The civil Procuratorial Suggestion is one method of supervisionwhich appears along with the continuous development of Procuratorialsupervision theory. The second bill of “Civil procedure law” officiallyendow the civil procuratorial suggestion “the legal status” for thefirst time. From one working method of supervision used in practice tomore procedural and legitimate.As the new civil procedure law takes effect, this article conduct thecomprehensive research and study to the civil procuratorial suggestionsystem. through the research of civil procuratorial suggestion’shistorical evolution, the realistic background, the legal principle theory of law foundation and the legal basis, untangle the concept, thenature and the applicable scope of the civil procuratorial suggestion.And in this foundation, through the system design, constructs perfect caseretrial, the lawsuit illegal activity surveillance, the executionsupervises as well as mediation supervises mechanism. Cause the civilprocuratorial suggestion as a continued and efficient legal measure thatprocuratorate used in the civil field. The full text is divided into fourchapters:The first chapter is the outline of civil procuratorial suggestion.This chapter examined the origin of procuratorial suggestion and theresearch in former Soviet Union and our country’s historical evolution.Then it introduce the procuratorial suggestion legal principle theory oflaw foundation was the procuratorial surveillance theory. Finally, limitthe concept of civil procuratorial suggestion, and make the analysis andresearch to its nature and potency theoretically.The second chapter is the specific contents and evaluation of twokinds of civil examination suggestions. Through define the retrialprocuratorial suggestion and introduce the illegal activityprocuratorial suggestion, this chapter determine two kind ofprocuratorial suggestion in the entire civil procuratorial surveillancesystem localization.The third chapter is on-the-spot investigation research of civilprocuratorial suggestion. Through survey the operation situation of somedistrict, with the method that the data comparison and legal documentanalyze. This chapter research the operation characteristic andinsignificance of civil procuratorial suggestion, and make improvingrecommendations.The fourth chapter is theoretical study on the exclusion of civilprocuratorial suggestion. This chapter is the key point of full text. Firstly, it introduce the applicable scope of retrial procuratorialsuggestion in the field of trial surveillance,the introduce therelationship with the appeal procedure.Next,it introduce seven suitablesituations of the new civil procuratorial suggestion. And discusse thehuge transformation of our country civil surveillance idea,from thelimited surveillance to the entire journey surveillance.Finally, thischapter make several suggestions about conversion, trackingmechanisms,and the rule of the right of investigation to construct andimprove the system of civil procuratorial suggestion.