Studies On The Effectiveness Of The Prosecutorial Suggestions In The Civil Procedure In China

In2013, China has implemented the modified Civil Procedure Law, adding a new way ofsupervision, which is prosecutorial suggestion in Article208,209, and210. Civil prosecutorialsuggestion plays an important role in our civil litigation, since it is more comprehensive,wide-ranging and flexible compared to the protest. Civil prosecutorial proposals can simplify thelegal supervision procedures and reduce the parties’ litigation burdens. Furthermore, it not onlycan improve efficiency, but also can reduce litigation costs and help conserve judicial resources,and promote harmony of justice. As one of the prosecutorial proposals, in practice the civilproposal is divided into general prosecutorial proposals and retrial recommendations. Theyachieve to supervise the courts of the same level, effectively easing the tension between the courtsand the Prosecutor’s Office. However, in practice, the problems still exist, such as the law does notspecify the courts’ responsibilities of response and implementation of the proposals, which isbound to affect the validity of the prosecutorial proposals.The effectiveness of the civil prosecutorial suggestions refers to the People’s Procuratoratelegally supervising the People’s Courts of the same level to prevent misconduct of justice andreduce illegal activities, and People’s Courts start the examine mechanism according to the civilproposal made by the People’s Procuratorate. Then the courts analyze the effectiveness of theregular and retrial recommendations individually: retrial suggestion, a new approach to thesupervision of civil prosecution, is to advise the courts to start re-examination of cases, and it is upto the courts’decision whether to start retrial; general prosecutorial suggestion r is a supplement ofretrial suggestions that can oversee the entire process of trial activity, and the courts review thecontents of the proposal, start the examination for breaches and decide whether it is illegal andneeds to be corrected. The regular prosecutorial suggestions can’t start retrial any more. However,the current situation of the proposed civil prosecution is that civil prosecutorial suggestions havemany problems, such as underachievement of the expected results, abuses of proposals due to lackof objection rights of the courts, and insufficiency of social awareness. To deal with theseproblems, this paper proposes a few ways of improving its effectiveness: first, give the civilprosecutorial suggestion reasonable and necessary force; second, continue to improve proceduralprovisions that ensure the effect of the proposal; third, establish guidance mechanism, a retrial conditions prevail propose mechanism; fourth, strict compliance with the requirements andprocedures of prosecutorial proposals form; five, expand the social influence of prosecutorssuggestion; six, give courts the right to dissent to improve the quality of civil prosecutorialsuggestions.