Our Research On The Civil Procuratorial Suggestion

After years of civil litigation Attorney recommends judicial practice, has achievedgratifying results.2012Civil Law Attorney formally write the proposed system, thelegislative approval of the judicial results of exploration, as well as to further improve thelegislative system of the prosecution system has taken a landmark step. With the developmentof the rule of law in our society, especially in the judicial system reform forward, exploringthe property to build judicial highlights, running independent prosecutorial power,administrative color fade, consistent with the law of judicial prosecution,adapt prosecutorshandling practices proposed mechanism is particularly needed urgent. Prosecutorrecommends imperfect system severely restricts the development of prosecutorial justice run,it is difficult to meet the needs of the modern state system and Litigation Attorney reform. Inorder to meet the needs of the rule of law needs to judicial prosecution, and theimplementation of the reform of the judicial system and working mechanism, it is necessaryto improve procuratorial suggestion system. In this paper, starting from a professionalperspective of law, the use of surveys, case studies, lessons learned, comparative studies andother research methods, combined with domestic and international research status of Civilprocuratorial suggestion system, and focus on the analysis of the proposed system inparticular Civil Attorney experience and practice in the use case explores the construction ofthe proposed system of Civil Litigation Attorney direction and improve thinking, on theImprovement of Civil Procedure of the proposed system of laws and regulations put forward anumber of proposals for the construction of the proposed system of Civil Procedure providehelp. Details are as follows:The first part is the introduction, the introduction of the relevant circumstances of thispaper provides a brief overview, The main topics include paper source, purpose and value ofdomestic and foreign research status and innovations, etc. This part describes our currentprocuratorial supervision over civil cases, has not only reflected in the protest, and moresupervision of the process and results, in particular the process of litigation, As long as youfind the problem’s Procuratorate prosecutors can ask for unreasonable suggestion exercisedjurisdiction to make the prosecutorial power covering the proposed civil action.The second part is the definition and characteristics of the proposed system of CivilProcedure. Briefly describes the concepts, and then introduces the basic features. Civilprocuratorial suggestion system means that when the behavior of the prosecution process and the results of the people’s court referee and the judges in civil cases in specific activities incivil legal supervision, the referee found that the illegal conduct and other violations, on itsown motion or according to the parties apply in writing to the People’s Court made specificrecommendations; Civil Attorney proposal has the basic authority, the same level ofsupervision of non-actionable, means, features extensive supervision; common civilprosecution proposal has two species: First retrial proposal, which is the main aspect of theproposed prosecution; the second is the procuratorial suggestions for activities that do notbelong Civil case retrial offenses concerned.The third part is the Crown successfully applied in specific cases is recommendedin.Taizhou successfully resolved cases conform to the current judicial system, law Attorneyconstruction professional, impartial enforcement approach changing internal needs andprovide valuable experience for future similar cases, but to create a typical case. GuizhouJinsha County Prosecutor’s Office told the EPA is not the case of the prosecution, as isrecommended by the prosecution to achieve legal supervision, the executive has the ability tocompete, as the prosecutors involved in the prosecution of the main proceedings, as the firstcase of the prosecution as a plaintiff involved in public interest litigation.The fourth part is the real problem and deficiencies of the current system of civillitigation Attorney recommend specific judicial practice encountered in the process: the legalbasis for the proposed Civil Attorney uncertain, prosecutors recommended a rigid and limitedrole is not strong, the lack of specific rules restricting the proposed regulations in the AttorneyGeneral, Civil Litigation Attorney General recommends that the Executive is not satisfactory,the procuratorial suggestion poor knowledge gaps and corrective effect. To solve theseproblems restricting made several recommendations to improve, such as improving the statusof legislation to clarify and improve the supervision mechanism, strengthen supervision, tofurther standardize and refine the proposed Civil Attorney running the operating mechanism,improve the protection of Civil procuratorial proposals mechanisms to enhance coordinationand communication with the Court, these suggestions based on prosecutorial system itselffeatures, combined with practical, easy to operate, can further improve the deficiencies in theproposed system of civil litigation Attorney during the operation of the concrete to improve itsquality.