On Civil Prosecutorial Suggestion System

Civil prosecutorial suggestions is in response to the needs of practice, in the absence of legislation expressly authorized actively explore to create a new kind of prosecutorial supervision. In the single legislative mode, the use of civil prosecutorial suggestions in practice has played a positive role in improving supervision efficiency, saving judicial resources, coordinating the relationship between the court and the procurator ate and broadening the scope of supervision. The Civil Procedure Law amended in2012to explicitly join the civil prosecutorial suggestions, making prosecutorial suggestions comprehensively established in China’s civil litigation system, but the legislative provisions relating to civil prosecutorial suggestions is primarily a declaratory, the performance was more abstract and vague, for many aspects of the specific operation problems are lack of clearly define, it is difficult to effectively guide the practice operations. This paper based on the theory of the civil prosecutorial supervision of our country wants to have a study on civil prosecutorial suggestions with China characteristics, facing the theoretical controversy and the problems in the practice, trying to put forward my own suggestions for improving the system of civil prosecutorial suggestions established in the current "civil procedure law", hoping to be able to develop the development and improvement of the system of civil prosecutorial suggestion.In addition to the introduction, in full text is divided into three parts.The first part is a general jurisprudential analysis of civil prosecutorial suggestions. This section start with the analysis of the concept of prosecutorial suggestions, define the concept of civil prosecutorial advice, understanding of the nature of civil prosecutorial suggestions are put forward. Then discusses the legal basis of civil prosecutorial suggestion, realize the exercise of jurisdiction’s supervision and restriction, maintaining the unification of the socialist legal system and judicial justice. Subsequently from the theory to explain the validity of civil prosecutorial suggestions, this is mainly a natural sense of discussion, the validity of civil prosecutorial suggestions comes from the Chinese characteristic of civil prosecutorial supervision, the author thinks that the civil prosecutorial suggestion is the prosecutorial supervision behavior which has a certain binding force. Finally, put the right of civil prosecutorial suggestions in the entire civil litigation system, specifically discusses how to properly allocate the civil prosecutorial suggests and jurisdiction as well as the right of litigants. The theoretical analysis and discussion above laid the foundation for improving civil prosecutorial suggestions on the legislation and practice, provides guidelines.The second part is the analysis of the legislation and practice of civil prosecutorial suggestion system. In the first half part the author reviews the current "Civil Procedure Law" into effect on civil prosecutorial suggestion of the judicial interpretation of the specification, then focus on the analysis of the existing provisions of "Civil Procedure Law" about the civil prosecutorial suggestions, at last comment our current "Civil Procedure Law" in legislation related to civil prosecutorial suggestions. In the latter part the author analyzes the practical basic that civil prosecutorial suggestions arising, introduces the operating conditions of civil prosecutorial suggestions, points out the problems existing in the practice.In the third part we put forward some thinking about the improvement of the system of civil prosecutorial suggestions. To improve the system of civil prosecutorial suggestions related to the current "civil procedure law", mainly from two specific aspects:legal norms and the judicial practice operation. In the legal normative level, mainly from the clear effect of the civil prosecutorial suggestions, standardized relationship between civil retrial prosecutorial suggestions and protest, increasing execution prosecutorial suggestions mode, set the objection procedure for the court and perfect the sound track program of civil prosecutorial suggestions, this several aspects help to improve legislation concerning civil prosecutorial suggestions. In the judicial practice operation level, the main emphasis is that the Court and the Procurator ate need to strengthen communication and coordination, Procurator should keep communication with superior prosecutorial organs in a timely manner, enhance the professional quality and ability of the civil prosecution department, standardize the format and content of civil prosecutorial suggestions as well as distributing the response procedures.Our civil prosecutorial suggestion system is a legal system with Chinese characteristics, we believe that with the advancement of China’s democratic rule of law process, the future of China’s prosecutorial suggestion system will continue to move forward, and with the constant improvement of the understanding and the practice of the deepening of the system of civil prosecutorial suggestion related program specification and set will be more rational and scientific.