Research On Prosecution Recommendations Of Civil Retrial

For now, when it comes to the national development of theory and practice in the field of civillitigation procuratorial supervision, the methods of supervision have been much more diverse, monitoringprocedures have been more normative and strict,moreover,the tendency of the surveillant effect and qualityhas increasingly improved.The civil procuratorial supervision which used to be fragmented,rigid,formalistic has gradually becoming in a relatively maturel and complete theoretical system and workingmechanism. With an eye to the hightlight changes on procuratorial supervision from "Civil ProcedureAmendment Act" August2012,based on one type of the civil prosecutorial proposal which recently occursin a formal civil prosecution law, this article rationlizes retrial proposed,thinks,analyses,reaserches,in orderto make contribution for the apply in theory study and judical practice of prosecutorial proposal which is aimportant litigation supervision way.The articles mainly consists of five parts, namely: basic theory ofproposed retrial, the retrial application principles of procuratorial proposal, application of the proposedretrial, retrial and the applicable procedures recommended retrial suggested the status quo in the judicialpractice and perfect.The first part is the basic theory of retrial proposal which introduces the civil procuratorialproposals, on the basis of their host to analyze the concept of prosecutorial proposals and recommendationson civil prosecution, understanding different points of view on the premise, summed up the civil retrialproposal is in the process of fulfilling the people’s procuratorate legal oversight responsibilities, thepeople’s court has found an effective judgment, ruling that there mistake, in line with the law of a particularsituation, or civil mediation harm national interests, public interests, the people’s court may issue writtencorrect handling a view to correcting the Court’s own kind of legal supervision behavior. In addition, thenature,effectiveness and functionality of the proposed retrial have been made a specific description andanalysis.The second part discusses the four principles applicable retrial recommendations should befollowed:the principle of respect the party disposition, the principle of respect the court independent trial,the principle of respect for the referee finality and respect the principle of judicial efficiency.The basic principles considered as programmatic guidance of application of retrial procuratorial proposals plays animportant role in the guidelines.The third part and fourth part talks about retrial recommendations application specificcircumstances and applicable procedures. On the application of the situation, with legal provisions andrelevant judicial interpretations and other legal documents, this article selects five little insight to interpretthe situation. Additionally, the article indicates different from the point of view of judicial interpretationon the scope for protest and how to distinguish applicable ranges overlap. On the application program,focused on long-term practice, prosecutors recommended mixing theory applicable, procedures are notuniform conditions, based on the new judicial interpretation of legal documents straightened out, and issuedrecommendations for retrial, feedback and other procedures to make certain assumptions.The last part of the article, from reality, by reading the annual work report of the prosecution systemin different provinces, selecting the typical data, analysis macro applies the status quo, another grass courtprocuratorate individual visits to understand the microscopic applicable conditions, pooled analysis toidentify recommendations retrial concentration problems in judicial practice exists to solve the problem andput forward reasonable proposals.From the theoretical discussion to the practical summary justice in the article,it focused on the studyof the application of the retrial procuratorial suggestion.Any law,if it implements well and accurately applyto,could it really take advantages of the system,in order to ensure fair play and justice in society active rolein the legal process to contribute to our country.