Reflect On Completing The Procuratorial Advice Institution

Procuratorial advice institution has existed in judicial practice formany years，the procuratorial organ has achieved gratifying effect in bothlegal and society during its searching on the institution. Procuratorialadvice institution was signed into Civil Procedure Law in2012，it provedthat legislative has confirmed the judicial practice, meanwhile it wasa great progress to complete Prosecution system in legislation.By means of researching the effect and achievement of Procuratorialadvice institution, the legal attribute of this institution shall bedefined as the inherent scope of the supervisory authority ofprocuratorial organ, and it is also the indispensable part of supervisoryauthority. Although procuratorial advice institution should be a effectway that procuratorial organ wield legal supervisory authority, theinstitution didn’t achieve good results in judicial practice. One of thereason is the legislation of the institution is weak, legislation fallsbehind judicial practice, the other is we paid more attention to the valueproof and frame of the institution than a feasible mechanism when wecreated procuratorial advice institution. To achieve the effect of thisinstitution in legal supervision, the improvement shall be in two aspects which are legislation and institutionalization.After a systematic theoretical analysis to procuratorial adviceinstitution and combining specific situation of procuratorial advice insome areas in China, this paper gives two suggestions to the institutionfor the purpose of completing procuratorial advice institution, one ismaking legislations actively, the other is improving the workingmechanism by means of theoretical analysis and empirical analysis.