The Study Of Improving The Prosecuting Suggestion Of Civil Case In Our Country

The new revised Civil Procedure Law was added the statement of the prosecuting suggestion of civil case.From then on,the prosecuting suggestion of civil case became one of the important way for the legal procuratorial.The prosecuting suggestion of civil case has the characteristics of non-lawsuit,supervision at the same level,authority and non-mandatory etc,which is used very widely in the field of civil litigation.But in the concrete legislation and practice the prosecuting suggestion of civil case has some disadvantages such as the suitable scope and applicable conditions are not clear,the irregular procedure of apply,and lack of coercive power.So the procuratorial organ,when applying procuratorial suggest should grasp the scope and conditions of the prosecuting suggestion,to good use of its features and functions,perform the rights of procuratorial supervision.This article first discusses the basic theory of civil prosecutorial suggestion,including the concept of civil prosecutorial suggestion,character,classification,function,characteristics and applicable scope and conditions,then making a comparative study of the Suggestions to civil prosecutorial and the civil protest,which lay a theoretical foundation for later study.Followed by the analysis of our current system of civil prosecutorial suggestion,through the analysis to find out the existing problems and the reasons,the main way is to analyzing the new revision of the civil procedure law in our country about the new provisions of the civil procuratorial suggestion.Finally,after analyzing problems,put some suggestions to perfecting the Prosecuting suggestion of civil case.On the analysis of the reasons,perfecting our civil prosecutorial suggestion mainly lies in the applicable scope,applicable conditions,the improvement of the effectiveness,etc.Although had put the civil prosecutorial suggestion into the laws,but the rule of law is quite deficient.therefore is necessary to strengthen the civil procuratorial propose legislation.Based on the existing law,we should formulate the specific practice of civil prosecutorial suggestion.In view of the current law making a specific operation specifications.According to the problems existing in the current law to put some ways to solving it.