The Application Of The Civil Retrial Procuratorial Suggestion And Improvement

Civil prosecutorial suggestion plays an important role in the civil procuratorial work, the civil procedure law in our country established the legal status of civil retrial procuratorial suggestion, to be specified with the protest in parallel way of procuratorial supervision, to further perfect the procuratorial supervision. But the provisions of the civil procedure law of retrial procuratorial suggestion is more general, there are some defects in the legislation. Such as defined scope of civil retrial procuratorial suggestion, wiped out as a protest complement effect; Retrial procuratorial advice insufficient rigidity, legislation expressly granted retrial procedure of procuratorial suggestion coercive power, the court after receives the retrial procuratorial suggestion should be how to respond to; Retry the supervision of the procuratorial suggestion and protest are two different ways, how to deal with the relationship between them; Retrial procuratorial suggestion should have certain binding in court, retrial procuratorial organs and procuratorial suggestion is issued shall be such problems as how to guarantee the effectiveness of play are worth exploring. The development of the civil retrial procuratorial suggestion should be supported by law, aiming at the deficiency of the civil procedure law the provisions of civil retrial procuratorial suggestion, it is imperative to perfect the legislation. Retrial procuratorial suggestion will be the basis of existence and value analysis, the role of retrial procuratorial advice certainly, points out the deficiency existing in the current law, and combining the retrial procuratorial suggestion in the judicial practice problems encountered in the process of further perfect Suggestions and measures are put forward.