The Research Of Civil Retrial Procuratorial Suggestion System In China

The legal status of Civil Retrial Procuratorial Suggestion has been established in the civil procedural law amendment since2012. however the legal basic of the Civil Retrial Procuratorial Suggestion is still scarce. This part introduces the legal system defects and drawbacks, and puts forward the relevant suggestion to perfect Civil Retrial Procuratorial Suggestion, and as well as the legal system of Civil Retrial Procuratorial Suggestion.This article is composed of four parts, the main contents are as follows:The first part introduces legal basis and legislative change. Firstly, the author describes the legal basis of Civil Retrial Procuratorial Suggestion, and explains the development course of Civil Retrial Procuratorial Suggestion presents a slightly pathological status in the condition of the tradition against supervision mode, and the suggestion does not adapt to modern society development society. The author illustrates how the Civil Retrial Procuratorial Suggestion changes from the confrontational supervision idea into the concept of collaborative with the time changes from the theoretical basis. In the background of building a harmonious society, the inspection authority as the important composition strength, the legal supervision relationship with the judicial authority shall also comply with the coordinated development trend. What’s more, the article analyzes Civil Retrial Procuratorial Suggestion’ realistic value in reality from three aspects. The Civil Retrial Procuratorial Suggestion realizes rational allocation of judicial resources, the improvement of efficiency as well as the maintenance of judicial justice. The article also determines the necessity of its existence from illustrating the positive effect.The second part introduces the practical significance of China’s Civil Retrial Procuratorial Suggestion. Firstly, the paper elaborates the legislative changes of Civil Retrial Procuratorial Suggestion. Legislative changes were mainly from two aspects of the legal provisions change and judicial interpretation change. The demonstration of the prosecutors use Civil Retrial Procuratorial Suggestion to supervise civil litigation activities have legal basis. Secondly, the author analyzes the practice of Civil Retrial Procuratorial Suggestion, by the implementation table of Civil Retrial Procuratorial Suggestion in2003-2013ten years to reveal the Civil Retrial Procuratorial Suggestion is an important type of examination suggested, the Civil Retrial Procuratorial Suggestion is an important supplement to protest, the adoption rate of Civil Retrial Procuratorial Suggestion continuously improve. This also reflects the Civil Retrial Procuratorial Suggestion on the importance of practice.The third part analyzes the existent problems of Civil Retrial Procuratorial Suggestion. That is, the lack of legal basis of the implementation of the flaw on the program, the boundary between the civil retrial and protest is not obvious, the negotiation is not in place. The analysis of this part that can help us better understand the existing problems and to help to construct and perfect the system of the Civil Retrial Procuratorial Suggestion.The forth part introduces the perfection of Civil Retrial Procuratorial Suggestion. The author puts forward the perfection of Civil Retrial Procuratorial Suggestion through analyzing of the third part questions. This part introduces application scope of Civil Retrial Procuratorial Suggestion, the perfection of Civil Retrial Procuratorial Suggestion’s application procedure, and the perfection of Civil Retrial Procuratorial Suggestion’s safeguard mechanism.