Research On The System Of The People’s Court’s Judicial Recommendation

The system of The people’s court’s judicial recommendation is rooted in the Chineselocal judicial practice, which has an important constitutional significance, and it’s unique toChina. In recent years, theoretical study on judicial suggestion system has been graduallyarisen.This paper learn from the existing achievements of theory about the system of judicialrecommendation, improving the definition of the system of judicial recommendation, byintroducing the meaning of "system" in New institutional economics, defines theconnotation of the system of judicial recommendation, explaining that legislation andjudicial work about judicial recommendation is a system rather than a phenomenonthrough factor analysis. Based on defining the meaning of judicial recommendation,in-depth analysis the nature of judicial recommendation. It is concluded the judgment thatthe judicial suggestion is the administrative work of the people’s court. Long-term judicialpractice has proved that the judicial suggestion system is a system which has importantsocial value, but through the investigation about the present situation of the system ofjudicial recommendation running, found the people’s court’s judicial recommendation hasthe questions of amount less and quality is not high, low response rate, low openness,attention degree is not high. Through the phenomenon, the author analyzes the reasons ofthese problems is focused on lack of legislative provisions on the system of judicialrecommendation, imperfect working mechanism，the subject ideological understandingdoes not reach the designated position, etc. We need to put forward to perfect legislationand improve the system work, strict judicial proposal making standard, improve the levelof subject awareness, make the system of judicial recommendation serve the constructionof a socialist harmonious society better.