Several Issues Retrial Recommendations

Retrial prosecutorial suggestion is a kind of judicial supervision, that local people’s procuratorates at all levels consider the effective judgments, rulings, and reconciliation agreements have the legal situation of protest, so that they suggest to the people’s court for a retrial. If the people’s court believes this suggestion is reasonable, it will adopt the opinions of the procuratorates. Retrial prosecutorial suggestion has roots in the trial supervision and it Belongs to the power of legal supervision. The legal effect of this suggestion is more flexible than protest, so that the law should endow it coercive power in procedural.I think that retrial prosecutorial suggestion system have some common problems on case sizes, operation rules, and the quality of prosecutor by researching on the performance of the procuratorial suggestion in13basic people’s procuratorate s of Nanjing and9basic people’s procuratorates of Wuxi. In the application of retrial prosecution, we need to pay attention to the following aspects:understanding the meanings of retrial prosecution exactly, limiting the standard of retrial prosecution strictly, refining the procedure rules of retrial prosecution, establishing communication mechanism between court and procuratorate, attaching great importance to the reason of judgment, giving full play to the role of the compromise and conciliation, improving the tracking mechanism and perfecting the supervision pattern.In August2012, civil procedure law of the People’s Republic of China was revised entirely. The fixed law made the rules of retrial prosecutorial suggestion in range of application, application condition, operation rule and investigatory power of procuratorate by three terms. This comprehensive fix of civil procedure law of PRC greatly improves the civil prosecutorial supervision role in the field of civil procedure. First, the way of supervision, procuratorial proposals into law, to make up for the lack of protest to solve the problems of the grassroots People’s Procuratorate can not directly exercise the right of the Civil Administrative Inspection; Second, the scope of supervision, the scope of effective conciliation statement formally incorporated into the procuratorial supervision of, and supervision of the prosecution expanded to violations of supervision of judicial personnel ranging from the supervision of the court of effective legal documents from the trial activity Authority to expand to the supervision of the execution behavior; Again, the time of supervision, procuratorial organs violations of the procedure for trial supervision other than judicial proceedings in the judicial personnel can supervise change the positioning of Civil Procedure before the revision of China’s procuratorial supervision of supervision afterwards engaged Authority toreal-time monitoring extension.But there are specific rules imperfect, if there is no more specific operational requirements, it may become empty supervisory framework, in practice, difficult to achieve tangible results, not achieve the desired effect of monitoring.