Suggestion From Procuratorial Organs For Retrialin The Context Of The New Civil Procedure Law

The inclusion of suggestion from prosecutorial organizations into the new 2012 Civil Procedure Law suggests the summary and recognition of the previous practice of civil prosecutorial supervision, and wraps suggestion from prosecutorial organizations for retrial in the aura of legitimacy. According to the design of this system, suggestion from prosecutorial organizations for retrial should play the dominant role in civil prosecutorial supervision. However, from the perspective of the theoretical guidance and juridical practice of civil and administrative prosecutorial supervision, there are still some unsatisfactory points in suggestion from prosecutorial organizations for retrial-a new way of prosecutorial supervision. Now the new Civil Procedure Law has been put into practice for over one year. Considering the progress and difficulty of the efforts of suggestion from prosecutorial organizations for retrial, the author studies this area, hoping to play a small part in building a better system of suggestion from prosecutorial organizations for retrial.Based on the relevant regulations of the new Civil Procedure Law, the business data of prosecutorial organizations at different levels in judicial practices are analyzed to sum up a specific solution by improving suggestion from prosecutorial organizations for retrial, in the hope of actually enhancing case handling structure, shortening case handling period, improve case handling efficiency and realize the preset goal of legal establishment of suggestion from prosecutorial organizations for retrial.This paper can be boiled down to three parts:the introduction, the main body and the conclusion. The main body is divided into five parts:Chapter Ⅰ presents the review of suggestion from prosecutorial organizations for retrial. First, the author clearly explains the notion of suggestion from prosecutorial organizations for retrial. Second, the properties of suggestion from prosecutorial organizations for retrial are summed up. Also, the author lists two ideas about suggestion from prosecutorial organizations for retrial in the theoretical circle. Through analysis on the two irrational concepts, the author infers the correct properties in her own opinion:suggestion from prosecutorial organizations for retrial includes legal supervision and guidance on individual case. It is a flexible legal supervision that integrates public power and consultation system. Three, explores the legislative value and practical significance of suggestion from prosecutorial organizations for retrial.In Chapter Ⅱ, the author introduces the course of history of suggestion from prosecutorial organizations for retrial. First, the author reviews the 30 years of legislative process of suggestion from prosecutorial organizations for retrial--from the complete notion of suggestion from prosecutorial organizations for retrial in 1983 to its legal status in the new Civil Procedure Law issued in 1983. The second part discusses the empirical analysis of suggestion from prosecutorial organizations for retrial. By listing the data of national civil prosecution work and the condition of civil prosecution work, the historical development and the current trend and characteristics of suggestion from prosecutorial organizations for retrial are examined.Chapter III discusses the legislative deficiencies and practical dilemma of suggestion from prosecutorial organizations for retrial. First, the practical problems in suggestion from prosecutorial organizations for retrial are analyzed. These problems mainly include poor coordination between procuratorate and court, improper follow-up supervision and feedback of suggestion from prosecutorial organizations for retrial, and non-standard operating procedure. Second, from the perspective of the system and theory of suggestion from prosecutorial organizations for retrial, the legal hierarchy of Civil Procedure Law leads to too conservative, general and less operable regulations on suggestion from prosecutorial organizations for retrial. Moreover, as its legal force is not mentioned, the supervision effect has no guarantee and Article 209 of Civil Procedure Law is used as the precondition of receiving cases of suggestion from prosecutorial organizations for retrial, the supervision effect is discounted heavily.Chapter IV explores the legislation and system improvement of suggestion from prosecutorial organizations for retrial. The author expounds the system improvement of suggestion from prosecutorial organizations for retrial from four aspects: Legislatively, it is necessary to make clear the applicable scope of suggestion from prosecutorial organizations for retrial and protest, so as to facilitate the organic connection of the two, grant procedure coercive force to suggestion from prosecutorial organizations for retrial, and revise its receiving conditions. From the perspective of procedural normalization and design, it is required to form standard preparation, approval and delivery system of suggestion from prosecutorial organizations for retrial at the procuratorial organ stage. Also, it is more necessary to design and formulate the examination and deliberation system of suggestion from prosecutorial organizations for retrial at the court stage. To ensure the operation of suggestion from prosecutorial organizations for retrial, we should build a sound and strict approval and decision system, establish a long-acting mechanism of the follow-up feedback and tracking and supervision for suggestion from prosecutorial organizations for retrial, and set up a dispute settlement system of prosecutorial suggestions. In terms of improving the quality of suggestion from prosecutorial organizations for retrial, we need to introduce an investigation and verification system in a reasonable way, establish a public reasoning system of written suggestion from prosecutorial organs, build up a long-acting and unified legal instrument library and set up a scientific evaluation mechanism of suggestion from prosecutorial organs. As for building up a long-acting communication and coordination mechanism between court and procuratorate, we should establish a joint conference system, a retrial case tribunal system with the presence of chief procurator and measures for the implementation of countersign of court and procuratorate.