Font Size: a A A

Research On The Procuratorial Suggestion In Civil Litigation

Posted on:2015-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2266330428455913Subject:Law
Abstract/Summary:PDF Full Text Request
Civil procuratorial suggestions, is refers to the people’s Procuratorate to ensure the correct implementation of the law, the civil procuratorial supervision activities, the illegal behavior of people’s courts and judges incivil proceedings or on specific cases to handle the error, put forward suggestions to the people’s court inwritten form, to facilitate the people’scourt to correct a supervision the wrong way.First of all, to defined the concept of civil prosecutorial suggestion, thenexpounds the nature of the civil prosecutorial suggestion. Civil procuratorial advice and protest constitute the system of civil procuratorial supervision, by comparing the two, highlight the uniqueness and necessity of civil prosecutorial suggestion.We must clarify the legislative value of civil prosecutorial suggestion. Civil prosecutorial suggestion is helpful to strengthen the procuratorial supervisionfunction of procuratorate. Civil prosecutorial suggestion as a kind of flexible way of procuratorial supervision, flexibly to supervise civil case in court, not tointerfere in the court’s trial activity, through communication negotiation effectively maintain the authority of law, promote judicial justice. In civil litigation activities, emphasize autonomy, the pursuit of the maximization of individual interests. But inevitably conflict with the social and public interests, the procuratorate civil prosecutorial suggestion should be referred to the court, to coordinatethe conflict between the two, in order to realize the unity of personal interests and public interests, the unity of the social effect and legal effect.The establishment of civil procuratorial suggestion, it is the most importantfunction of the implementation to achieve the procuratorial supervision of the procuratorial organs, to ensure the correct implementation of law.Civil prosecutorial suggestion as one of the civil procuratorial supervisionway in applicable, inevitably has to abide by the principle of, in order to reali ze the need to pursue legal value. The application of the civil prosecutorial suggestion to follow the principle of proportion, means with the aim to adapt, realizing the maximization of benefit, must carry on the comprehensive considerations. Procuratorate of procuratorial supervision have tolerance sex character, therefore applicable civil prosecutorial suggestion to follow the principle of exhausted other relief means, people’s procuratorate of the procuratorial supervisionto abide by the inherent requirement of judicial power and judicial power, abide by the principle of judicial independence, judicial intervention is not allowed.Civil lawsuit is the lawsuit between equal subjects, procuratorate as a third party involved in the specific case must be cautious, appropriate is limited. Civil prosecutorial suggestion applicable shall follow the principle of public, civilprosecutorial suggestion put forward to the legal procedures in public, the proposal of the matters to the public, the parties to legal proper exercise of poweris helpful to standardize people’s procuratorate, also is advantageous to the identification of the procuratorial supervision and jurisdiction, the parties to maintain the seriousness of the law, promote judicial justice.The law does not specify the scope of civil procuratorial suggestions and conditions.In <Civil procedure law of the People’s Republic of China>, The civil procuratorial suggestions applicable range and conditions andprotest were unified provisions, both are applicable to the wrong judgmentand damage the interests of the state, the public interest mediation book,this will cause the procuratorial organs suitable confusion, affect the realization of the function of procuratorial supervision. So we should in practice, based on the different understanding of civil procuratorial suggestion and appeal and their respective advantages and disadvantagesof the scope of procuratorial suggestions, civil norms and conditions, in order to maximize its function. At the same time, violations of judicial personnel outsidethe procuratorial organs according to the procedure for trial supervision other litigation activities, also can bring civil procuratorial suggestions to the people’s court.Procuratorial suggestion should have strict procedure to operate, the proposed institute, approval, delivery, receive, reply, and in handling the investigation and verification procedures. Procuratorates can authority instituted by the procuratorial suggestions, can also according to the filed of procuratorial suggestion, togo through strict examination and approval procedures before sent to court, proposed targeted, feasible, capable of generating the effectiveness of supervision recommendations. In accordance with the statutory procedures for civil procuratorialsuggestions, can make the procuratorial organs involved in most civil litigation field and steady plays the role of legal supervision, and promote people’s court trialin accordance with the law,safeguard the litigation rights of the parties, promotethe normal civil proceedings, to realize the legislative purpose of procedural justice and substantive justice.The present civil procuratorial suggestion system still exist many problems,these problems will influence the realization of civil procuratorial suggestionfunction, therefore, to establish the civil procuratorial suggestion effectsafeguard mechanism. Compared to protest,civil procuratorial suggestions is a flexible way of supervision, its force is weak, so its effect is limited to play. The procuratorial organs as the state legal supervision organ, has theprosecutorial supervision power, but the courts exercise judicial power independently according to law, free from any interference of individuals and units. In this way, can produce the power conflict, will inevitably produce conflict between the courts and prosecutors.To solve this problem, people’s procuratorate need to strengthen the communication with the court, not only to urge the court to correct illegal situation, promote the court jurisdiction in accordance with the law, also to maintain the court impartial judgment of res judicata, improve the judicial credibility. In practice, the prosecution in the procuratorial suggestions after issued,tracking supervision is not enough, there is no corresponding follow-upinspection system; on the other hand, the prosecution staff of prosecutors is not enough emphasis on the implementation of recommendations, often do things carelessly. Therefore, a n urgent and unified system of procuratorial proposals person follow-up visits need to establish. The retrial of the proposed system and appeal system also existmanyconflicts in the application, In order to exert maximum play to the procuratorial supervision function of procuratorial organs, To ensure the correct imple mentation of law, justice, we must establish a reasonable convergence mechanism.
Keywords/Search Tags:Civil procuratorial suggestion, Civil procuratorial supervision, Judicial justice, Tracking visit, Protest
PDF Full Text Request
Related items