The Research On The System Of Civil Retrial Procuratorial Suggestions

The system of civil retrial procuratorial suggestions is a new trial supervision system newly increased by the Civil Procedure Law. It has internal consistency With the protest system in purpose, but in the nature, they have some difference. First of all, the civil retrial procuratorial suggestion system is non compulsory adjudication supervision system. Secondly, the unified operation mode of the system, but the protest is two.Civil retrial procuratorial suggestions system has four advantages:One is to inspire the enthusiasm of the grassroots procuratorial organs handling; The two is to reduce the procuratorial authority at the next higher level pressure cases; The method is effective in improving the three tension; Forth is to effectively save the system cost. However, the system has some drawbacks conflict norms rigid binding deficiencies, lack of operation process, poor anti-interference ability, the system relies on the terms. The author through the analysis of the causes of defects, and puts forward several countermeasures to obtain actual effect of the system, For example, adding the court review avoidance mechanism, additional procuratorate to send its personnel to appear in court, the procuratorial supervision mechanism gives the way of objection to the right etc.. Needs to be emphasized is, civil retrial procuratorial suggestions system is different in the design concept and the appeal system, not because of its potency not protest forced to start the retrial on the arbitrarily demeaning, nor because of its operating procedure is simple and the abuse of the system of protest. Any bias will cause confusion when both in the application of civil retrial procuratorial suggestion system and appeal system, play is not conducive to the procurator litigation supervision function.