On The Procuratorial Suggestion System Of Civil Procedure In China

Civil procuratorial suggestions, namely in civil litigation, for the court of error effective judgments and a violation of national interests, social interests of the mediation and trial procedure, the judicial personnel illegal behavior does not conform to the law, the People’s Procuratorate through the written form to at the same level people’s Court issued a procuratorial suggestions to fulfill the responsibility of legal supervision as a way of supervision. Civil procuratorial suggestions system has been present in the judicial practice before it was written in the Civil Procedure Act 2012, it has been used as an important supplementary supervision way by our prosecutors for prosecutors business. With the new changes of Civil Procedure Act and the introduction of the relevant judicial interpretations, the concept of civil procuratorial suggestions and applicable conditions, scope are becoming clearer, it also has an important effect on the improvement of the procuratorial supervision system of our country.Civil procuratorial suggestions as a legal supervision power, not only has the legal supervision, also has a statutory, specialized, and AFP and other properties. Because of its special properties, makes it become an effective way of protest and was applied to the procuratorial supervision. There are two main civil procuratorial suggestions in the Civil Procedure Law: one is the retrial procuratorial suggestion and the other is the procuratorial suggestion of the illegal action of the prosecution.. The concrete content of these two kinds of procuratorial suggestion is analyzed, then can see the frame of the civil procuratorial suggestion system. To truly understand the system, it is necessary to compare the status of the system and empirical analysis. Through analysis, it is known that, the system is procuratorial supervision system plays a very important role, but in practice, the system in showing a momentum of prosperity and development, at the same time, also appeared in the chaos of the scene. The reason is mainly two aspects: first, because the civil procuratorial proposal just into law, the law is not perfect, leading to the procuratorial organs do not know how to apply frequently. The other is because the procuratorial organs working mechanism is imperfect, resulting in the practice of the application of the situation in confusion. Therefore, in order to make the civil procuratorial suggestion system play its due effect, we need to improve it from the legislative and practical level..Although the relevant judicial interpretations try to solve the relevant problems of civil procuratorial suggestion, but the scope of changes is narrow, resulting in a lot of problems not be solved fundamentally. Therefore, on the basis of the relevant judicial interpretations, we need to analysis defects of the civil procuratorial suggestions in a comprehensive and in-depth analysis way, we need to invest and study seriously, and experience in practice, put forward reasonable suggestions to perfect the civil procuratorial suggestions. For example, from endowing civil procuratorial suggestion program on the compulsory force, to further improve the scope of civil procuratorial suggestion to grant the court the procuratorial suggestion’s objection to the right and perfecting the working mechanism of the procuratorial organs of the system of civil procuratorial suggestion of perfect, for making this system to play its due effect, and improve the judicial fairness, sound the court system, perfect the procuratorial supervision system in our country.