Research On The Civil Prosecutorial Suggestion Effectiveness

In "the Civil Procedure Law" revised in2013, civil prosecutorial suggestion becomes a formal way of legal supervision and completes the legal supervision system, together with the way of protesting. With the Characteristics of universality, soft and flexibility, the new prosecutorial way is expected to cover the shortage of former monotonicity and to obtain better results in protecting the rights and interests of the parties and improve the judicial efficiency. However, there are also some problems during the practice process, including small number of applied cases, poor operability and lacking of law mandatory security etc. Those problems come from the inherent flaws of the new way, practice process of procuratorial organ, imperfect legislation and unsound system. Some come from the deviation of conception between the court and the procuratorate. As the taker, the court doesn’t pay enough attention and try its best to cooperate, to lead the civil prosecutorial suggestion to a dead end. No matter what are the reasons, those all represent the lack of effectiveness of civil prosecutorial suggestion. Due to all the reasons above, civil prosecutorial suggestion cannot be carried out successfully during the drawing, releasing and feedback with a "sound" purpose. Lacking effectiveness leads to the failure to run this new way, leading to failure to realize the legal prosecutorial to civil action and retreat to protest to fulfill the duty of prosecutorial, which is great waste of judicial resources. Based on basic theory research on civil prosecutorial suggestion, this paper analyzes the status of implementation of civil prosecutorial suggestion with the data from the judicial practices and tries to find out the reasons. Throughout the analyses of the problems and reasons, this paper puts forward solutions, including covering the shortage of civil prosecutorial suggestion, improving the quality of civil prosecutorial suggestion, completing related laws with improving the operability, completing the system to drag it to the ground. Through the analyses, this paper tries to find the direction to perfect the civil prosecutorial suggestion system with high effectiveness and high operability.