Study On The Civil Procuratorial Suggestions

Civil procuratorial suggestions, namely in the civil proceedings, is a kind ofsupervision way. The supervision way is defined like this: in order to realize thefunction of legal supervision, the people’s procuratorates at all levels supervisewhether The people’s court at the same level exercise the jurisdiction properly or not,with the way of sending advice to it, remind the court to correct the wrong judgmentsand all kinds illegal problems appearing in the civil court proceedings. The newrevised Civil Procedure Law was added the statement of the procuratorialsuggestions.From then on, civil procuratorial suggestions became a way for the legalprocuratorial organs to exercise the legal supervision rights. In this paper, the writerdescribe the position of the civil procuratorial suggestions in the whole legalsupervision system from the macro view by analyzing the related issues about thecivil procuratorial suggestions, then, the writer analysis the specific issues such as theeffect of the civil procuratorial suggestion from the micro view. The full research onthe civil procuratorial suggestion has important meaning to handle relation betweenthe procuratorial power and judicial authority, the procuratorial power and thelitigious well.The first part discusses the basic theory of the civil procuratorial suggestion.Firstly, the writer finally establishes the definition of civil procuratorial suggestionsby analysising the debate of the concept of procuratorial suggestion. Civilprocuratorial suggestions have several types: civil retrial procuratorial suggestions,correct illegal behavior of procuratorial suggestions, and civil enforcementprocuratorial suggestion. Secondly, established the nature of civil procuratorialsuggestion, and research on whether it is a kind of public power behavior. Next, bycomparing the civil procuratorial suggestions with civil retrial protest, the writer findsout that civil procuratorial suggestion has the characteristics of authority, supervisionof basic level, methods of non law suits right weakening, the effect of uncertainty andapplication widespread. The Analysis of the basic theory of civil procuratorialsuggestions is very favorable for the future researching. Besides, the writer researches the background of the procuratorial suggestions written into the civil procedure law.For the amendment of the civil procedure law, the fully consultations and negotiationswas going on between the court and the procuratorate. In public opinions ofstrengthening the legal supervision, people’s high calls for perfecting and strengthenthe supervision of the court’s judicial activities. After ten years of development, thecivil procuratorial suggestions has become increasingly mature, the application isvery extensive too. After debating and discussing several times, the civil procuratorialsuggestions can be established in legislation at last. The writer also makes evaluationto the value of system of the civil procuratorial suggestions. The civil procuratorialsuggestions that is written into law increase the way of supervision, greatly improvethe efficiency of the civil procuratorial supervision and expand the scope ofprocuratorial supervision, which makes the China’s legal supervision transition fromthe simple＂afterwards supervision＂to the fully supervision. If the procuratorialsupervision can be used in China rigid flexible and economically, the relationshipsbetween the courts and procuratorate will get into a new chapter of cooperation. Theanalysis of two parts, that is the analysis of value of system of the civil procuratorialsuggestions, from the perspective of the construction of legal supervision system inour country, play an important role in grasping the future development direction ofprocuratorial supervision in China.The second part, from the microscopic point of view, analyses the presentsituation of the effectiveness of the civil procuratorial suggestion. Firstly, the writerresearches on the subject and scope of all kinds of civil procuratorial suggestions.Moreover, the writer discusses the effect of the civil procuratorial suggestions, theaffirmation of the internal force, that is, whether the civil procuratorial suggestion canbe modified, altered and protested or not after it be issued. The affirmation of theexternal force, that is, civil procuratorial suggestions binding force on the court, todiscuss the relationship between the procuratorial power and judicial power. It alsodiscussing whether the civil prosecutorial suggestion conflict with the parties, anddiscussing the relationship between the procuratorial suggestions and litigant rights.This chapter is the key point of this paper it is both theoretical and practical, isconductive to the construction of system of civil prosecutorial suggestion. The third part, from the problem which still existed in the civil procuratorialsuggestion system in our country, conceives the perfection of the civil procuratorialsuggestion system. The writer’s suggestions are: unifying and standard the format andcontent of the civil procuratorial suggestions; improving the legal literacy andprofessional construction team of legal supervision; improving the legal profession ofprocuratorial suggestions, strengthening it’s logicality; clarifying the dissidence rightof the people who is suggested and the dissidence procedure; perfecting the reliefapproach of the civil procuratorial suggestion.