Research On Civil Procuratorial Recommendations

A major spot for revision civil law is that the procuratorial suggestion becomes anew supervision approach for the procuratorial organs. This revision not only changedpast a single protest supervision mode, formed a diversified supervision mode, suchas protest、procuratorial suggestion to correct violation and procuratorial suggestion,but also widened the scope of the procuratorial supervision, as the trial supervision beexpanded to civil litigation supervision. In this paper, the author tries to analyze anddiscuss the procuratorial suggestion systematically through historical research andempirical analysis methods. The whole paper is divided into four parts in addition tothe introduction and acknowledgement. The first part analyses the theory of civilprocuratorial suggestion.This partillustrates legislation of the procuratorial suggestion, which hasthe realistic necessity but also feasible in theory, through discussing connotation、characteristics and function of it. The second part describes the origin and innovationof the civil procuratorial suggestion system, combs development course and analysesthe exiting provisions of the new civil procedure law of the civilprocuratorial suggestion. The third part expounds the existing problems of the civilprocuratorial suggestion system, such as the directive is excessively principle、 thepoor rigid effect、 the cohesion mechanism is not perfect in legislation, not enoughattention, runs the program chaos in jucicature and so on. The fourth part advancesfive concrete suggestions in view of perfecting problems of the civilprocuratorial suggestion, such as to standardize the operating procedures of the civilprocuratorial suggestion, to clear the scope of the civil procuratorial suggestion, toperfect the coordination mechanism between the civil procuratorial suggestion and theprotest, to sound the strengthen communication of the civil procuratorial suggestion,to strengthen coordination with the court.