The Research On Our System Of Civil Litigation Procuratorial Suggestion

The Law of Civil Procedure Provisions for the procuratorial suggestion, enhances theauthority of the civil litigation procuratorial suggestion system, and expanded the scope ofthe civil litigation procuratorial suggestion system, in favor of launching the civilLitigation procuratorial oversight activities. The effectiveness of the procuratorialsuggestion is critical to the civil litigation procuratorial suggestion system functions. Thetheoretical circles has been endless disputes about the procuratorial suggestion whetherenforceable, but this legislation lack of clearly defined on this issue. In judicial practice,procuratorial suggestion was mainly applied in criminal proceedings; applicable in civilproceedings had a relatively short history. The Law of Civil Procedure mainly providesprocuratorial suggestion that the People’s Prosecution issued to the People’s Court. Inorder to study targeted, this article will only discuss the procuratorial suggestion that theProsecution issued to the People’s Court in the supervision of civil proceedings. This paperfocuses on researching status and problems of civil litigation procuratorial suggestionsystem. First, analyses legislative situation, practice and theory status quo of the civillitigation procuratorial suggestion system, which through empirical studying on theapplication of the civil litigation procuratorial suggestion system in a procuratorate incentral China. The research found problems in practice of the civil litigation procuratorialsuggestion system, like a small number of cases appliance, effect is not obvious andapplicable procedures less standardized. The main reason for these problems is: theProsecution and the People’s Court lack of effective communication and exchange, therelevant laws and regulations of the civil litigation procuratorial suggestion system wereimperfect and lack of supporting measures. And to address the problems, proposes tostrengthen communication and exchange of both the Prosecution and the People’s Court,improve relevant legislation about the civil litigation procuratorial suggestion system andimprove supporting measures et cetera, to assist the civil litigation procuratorialsuggestion system better suited in practice, fully plays its role in the system.