Civil Prosecution Recommendations Of The Study

The civil procedure law stipulates clearly that the procuratorate has the right to exercise legal supervision over civil proceedings, and civil prosecutorial suggestion is an important way of legal supervision. In China, the current regulations for civil procuratorial suggestion lay mainly on the illegal behaviors of judges. Although the current procuratorial suggestion in the civil procedure law is specifically identified in the form of legislation, the legal effect of the civil prosecutorial suggestion and the scope it could be applied as well as what procedure should be applied are still not clear. As a result, the civil procuratorial suggestion institution would not fulfill its purpose. This article focus mainly on the current situation of civil procuratoriai suggestion institution, the legal effect of it and the scope it could be applied. And this article will attempt to give some advises for completing the civil procuratorial suggestion institution.Part I:Demonstrating the fundamental theories for civil procuratorial suggestion.The analysis of the inherent statutory character of civil prosecutorial suggestion as well as some basic properties, such as specialized, reflects the constitutional position of civil prosecutorial suggestion in the independent monitoring system and the complement values of procuratorial supervision system. The purpose of civil procuratorial suggestion is achieve the national and social public interests, protect the legitimate rights and interests of citizens, promote the judicial justice and authority.Part Ⅱ:Through analyzing the current situation of civil prosecutorial suggestion, there are many positive significance for civil procuratorial suggestion right to be affirmed in the form of legislation, which means the ways for supervision to civil litigation activities will not be limited to Procuratorate protest anymore and the range of application of it extends to arears beside outlaw behaviors of judges.Part Ⅲ:Introducing the comparison and analysis among Chinese civil prosecutorial suggestion and American civil procuratorial lawsuit system, the French civil procuratorial supervision system and the Russian civil procuratorial conclusion. Leaning from the various procedures in American civil procuratorial lawsuit system, the active intervention in trial process supervision in French civil procuratorial supervision system, and the broad scope with the characteristics of early intervention in supervision in Russian civil procuratorial conclusion system.Part ⅢⅠ:Concerning with the current legislation and practices, the author provides the advices for completing the civil procuratorial suggestion system. Such as making a clear definition of the scope of procuratorial suggestion by means of legislation, authorizing the civil procuratorial suggestion procedure with a forced effect, granting the procuratoria! organs with full investigation authority, and forcing the court to respond the civil procuratorial suggestion In order to strengthen the supervision effect of procuratorial suggestion in the process of civil litigation.