Research On The Civil Procuratorial Suggestions

The newly revised "Civil Law" makes civil prosecution recommended had a real legal "status". With its impartiality, efficiency, order value and widely used in practice and apply a higher rate, which gradually make Civil prosecution recommended becoming a civil protest and legal supervision of another way to complement each other. Therefore, civil prosecution recommended has Change that protest as only legal supervision way in civil legal supervision in the past, both of them have form a dualistic legal oversight structure. As a newly flexible legal supervision, civil prosecution recommended can remove barriers in communication and consultation caused by traditional legal supervision. So it can effectively ease the relationship between the Courts and prosecutors and helps them to form good working interaction mechanism. Also, it is the best way to facilitate the communication and coordination between the Courts and prosecutors, which is convenient for them to reach consensus and raise the work efficiency. What is more, the efficiency of legal supervision is improved and judicial resources is conserved at the same time. So, civil prosecution recommended ultimately helps to achieve the goal of justice. However, there are also have some flaws and defects in the newly revised "Civil Law" in2012and "People’s Procuratorate supervision Civil Procedure Rules (Trial)" issued by the Supreme People’s Procuratorate in2013. Issues related to its instrument specification, launched conditions, applicable range, coercive power and normative operation and the rules of the operational implementation of the provisions of procuratorial proposals visit tracking and other related issues are still not doing the appropriate regulations.To solve the problems which appear in the legislation and practice mentioned above.Firstly, a correct concept of civil legal supervision should be established, to guide the direction of the civil prosecution recommended in the legal supervision. Secondly, the applicable range and the applicable procedures of the civil prosecution recommended should be specified, which make it more applicable to the judicial practice. In addition, Retrial recommendations procedures should apply to do a special norms, which increase the convergence between civil prosecution recommended and protest, so that the legal supervision play better performance. Lastly, Strengthen exchanges with the people’s congresses and by reporting to superiors, prosecutors suggested to solve practical problems, which ultimately increase the adoption rate of the prosecution recommended. Therefore, Strengthen civil prosecution recommended appropriate normative research and improvement efforts, has an important theoretical and practical significance on current practices and reform of civil procuratorial work.