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Research On The Lawsuit Value Of Civil Prosecutorial Suggestion

Posted on:2016-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:M M ZhuFull Text:PDF
GTID:2296330461954106Subject:Procedural Law
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The civil procedure law claims that people’s procuratorate should exercise legal supervision over civil procuratorial activities. Civil prosecutorial suggestion is an important way. Civil prosecutorial suggestion is civil procedures such as judgment, mediation and others illegal civil behavior. It supervises the people’s court. Civil procuratorial suggestion makes suggestions of civil judgment, and conciliates statement and orders. Civil procuratorial has legally effectiveness, but it will continue to perform the legitimate rights and powers which correct mistakes of orders.In order to make civil procuratorial supervision exercised influence and restrict, the compulsory of civil procuratorial and scope of it are very important. In the practace, civil procuratorial suggestion is a complementary way which is born to along with the development of civil procedures.Now the unique softness of civil procuratorial suggestions is widely adopted in the judicial practice. But as it is lack of law as the guarantee, no legal validity constraints procuratorial organizations. This leads to a low using rate of civil procuratorial suggestions.As the necessity of the social effect and legal effect of civil procuratorial suggestions, the National People’s Congress made many amendments to the procuratorial suggestions. On August 31, 2012, the Standing Committee of the Eleventh National People’s Congress passed the revision of < litigation law of the people’s Republic of China >. For the forty-eighth, second and third clause are formally given the legal identity of civil procuratorial suggestions. On January 1, 2013, the new "Civil Procedure Law" formally implemented, and the civil procuratorial suggestions will exert the right of legal supervision in the judicial practice. The civil procuratorial suggestions will upgrade to an important way of supervision, and its power will guarantee the specification and give supports.In this paper, we comprehensively study civil prosecutorial suggestion, and analyze the intrinsic value and extrinsic value of civil prosecutorial suggestion. To clarify the lawsuit value of civil prosecutorial suggestion is necessary. In order to maximize the lawsuit value of civil prosecutorial suggestion, the civil procuratorial suggestion system must be set up. And improving the lawsuit value of civil prosecutorial suggestion is also essential. To achieve the unity of legal effect and social effect of procuratorial suggestion, the civil procuratorial supervision must play an important role.
Keywords/Search Tags:Civil Prosecutorial Suggestion, the Value of Litigation, Legal Supervision, the Intrinsic Value, Extrinsic Value
PDF Full Text Request
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