Study On The System Of Suggestions From Prosecutorial Organizations In Civil Litigation

In the Civil Procedural Law modified in2012, there are substantial changes of the original system of prosecutorial supervision in civil litigation and the position of the system of suggestions from prosecutorial organizations in civil litigation has been raised greatly. Since the modified Civil Procedural Law took effect on January1,2013, the suggestions from prosecutorial organizations have been increasing strikingly. They are much more than prosecutorial protests in civil litigation and have become the most common means of prosecutorial supervision implemented by prosecutorial organizations. However, the suggestions from prosecutorial organizations in civil litigations are seldom adopted in practice. Although the modified Civil Procedural Law has been paid attention to and the adoption of the suggestions from prosecutorial organizations has been increased a lot, the rate of adopting the suggestions from prosecutorial organizations is relatively low in the courts at all levels in China. In such kind of judicial situation, it is necessary to make research into the current system of suggestions from prosecutorial organizations in civil litigation, to analyze its problems existed in operations, and to put forward concrete solutions to improving the system so as to bring its functions and value into full play. The thesis starts from the concept of the suggestions from prosecutorial organizations in civil litigation, expounds the basic contents of the system, and puts forward concrete proposals for perfecting the system of suggestions from prosecutorial organizations on the basis of the analysis of the judicial situation of its operation.