The Study Of Improving The Civil Prosecutorial Suggestion Of Civil Case In China

In the civil procedure law,Procuratorial suggestion is a way of supervision refers to the public prosecution to perform legal supervision function,the public prosecution in accordance with the law in written form changes the court’s mistake in the proceedings and the general procedure of illegal activities that exist in the specific case,in order to redress an error and take the improvements to the particular object.In terms of the nature of the civil prosecutorial suggestion,civil prosecutorial suggestion can be characterised as the public prosecution exercise of procuratorial authority conferred by the constitution, which is a kind of power. In practice, due to the nature of civil prosecutorial suggestion on belongs to flexible non-litigation legal supervision way,makes the civil prosecutorial suggestion as a diversified comprehensive legal supervision method is widely used. In our system of civil prosecutorial suggestion mainly include civil retrial procuratorial advice,legal violations procuratorial advice,executing procuratorial suggest three categories, including retrial procuratorial suggestion used most frequently in practice, maximize the effectiveness.Civil prosecutorial suggestion with supervision function,diffusion function,make up the function,guiding function of four basic functions,civil prosecutorial suggestion as a means of procuratorial organs exercise the procuratorial supervision function,one of the most important value is embodied in its supervision function.As a result of the civil prosecutorial suggestion accusing the flexible,make this way of supervision can be accepted by the procuratorial organs better,effectively alleviate the tight relationship between the method of inspection authority,to our country civil procuratorial supervision way by one yuan to diversify development, leading to more strictly in accordance with law,exercise judicial power,judicial organ in a timely manner to correct their own mistakes,to prevent the occurrence of adverse consequences.In recent years,the civil prosecutorial suggestion situation presents ascendant trend,the effect is very significant,benefit contradiction better resolve at the grassroots level,to save resources,improve efficiency,strengthen the role of supervision. But through the practice of inspection,no matter from the legislation on civil prosecutorial suggestion system in China is still have a lot of imperfect places on auxiliary mechanism, mainly reflected in the scope of application is not clear, the operation specification is notstandard,imperfect mechanism,insufficient supervision and feedback from four aspects. In this paper,the conception on how to better improve the system of our country civil prosecutorial suggestion, mainly from the detailed scope, specification standard,improve the supporting mechanism,strengthening the protection measures the four aspects of nine specific measures are put forward. Through legal perfect refinement of retrial, the applicable scope of the procuratorial suggestion to distinguish somewhat with civil protest,Through perfecting the civil prosecutorial suggestion during the preceding procedure and standard,the civil procuratorial suggestion standardization,Build and perfect the relevant supporting mechanisms,such as investigation mechanism, relief mechanism,so as to improve the system of our country civil prosecutorial suggestion on the system. Also,pay attention to civil prosecutorial suggestion to perfect the safeguard measures,build relevant review system and reasonable evaluation system,to ensure watchdog role in civil prosecutorial suggestion can really play the important role.