Research On System Of Procuratorial Suggestion On Retrial

Procuratorial suggestion on retrial is a mode of working which refers to that during supervision of procuratorates on civil litigation activities, procuratorates make written suggestions to courts based on real existing mistakes founded in legally valid judgments, verdicts and mediation decisions in order to urge courts to initiate retrial procedure by themselves, which also serves as a form of supervision formed during long-term exploration by procuratorates in judicial practices. Issue and implementation of the second amendment to Civil Procedure Law establishes legal status of procuratorial suggestion on retrial in civil litigation activities. As a form of embodiment of legal supervision power, procuratorial suggestion on retrial has been evolved into a legally valid procuratorial supervision method from a spontaneous mode of working. Application of procuratorial suggestion on retrial by procuratorial organs as a supervision method during implementation of legal supervision on civil litigation activities can facilitate simplification of legal supervision procedure, improvement of judicial efficiency, reduction of judicial costs, optimization of legal environment and maintenance of judicial authority and justice.In this paper, based on relevant stipulations in the second amendment to Civil Procedure Law in 2012, some problems existing in operation of system of procuratorial suggestion on retrial such as lack of standard procedure and unsmooth operational mechanism are summarized through theoretical research and empirical analysis on system of procuratorial suggestion on retrial, based on which improvement of system of procuratorial suggestion on retrial is further elaborated. Main body of this paper is composed of four chapters.In Chapter I, legal supervision nature of system of procuratorial suggestion on retrial is analyzed. Beginning with definition and legal basis of procuratorial suggestion on retrial, this chapter includes an analysis on the attribute of power of procuratorial suggestion on retrial, namely a power of legal supervision, which is made from three layers of procuratorial suggestion including literary content, attribute and nature. Functional value of procuratorial suggestion on retrial is summarized and extracted from four aspects including procuratorial supervision system, procuratorial supervision mode, judicial resource allocation and judicial efficiency.In Chapter II, empirical analysis on system of procuratorial suggestion on retrial is made. In this chapter, operation of procuratorial suggestion on retrial and protest in judicial practice is sorted out, and lack of an effective operational mechanism for system of procuratorial suggestion on retrial is demonstrated for the purpose of explaining the relatively high degree of limitation in the process of its application.In Chapter III, existing problems in system of procuratorial suggestion on retrial are analyzed. Based on content of Chapter I and Chapter II, various problems existing in system of procuratorial suggestion on retrial are analyzed, namely that as for specific procedural rules, no complete procedure that can cover all links in a case concerning procuratorial suggestion on retrial has been formed, through which shortcomings and defects of system of procuratorial suggestion on retrial are pointed out.In Chapter IV, improvement of system of procuratorial suggestion on retrial is expounded. In this chapter, improvement of system of procuratorial suggestion on retrial is elaborated from four aspects including procedural mechanism of system of procuratorial suggestion on retrial, degree of importance attached by procuratorial organ, communication and coordination relationship between procuratorate and court and cohesive mechanism between the system and protest.