On The Cicil Procuratoril Recommendation System Of Our Country

The major legislative achievement of the newly amended "Civil Law" in 2012 is the "legalization" of "civil prosecution recommendation" system, which has become a new hot spot to discuss in the academic circles. The legislation not only cleared the legal status of the procuratorial suggestion, but also changed the pattern of supervision, and constituted a binary of procuratorial supervision mode together with the protest system. At the same time, it also has a great impact on the judicial practice in the future. In previous judicial work, prosecution of procuratorial suggestions and civil justice has been in a relatively stable state, but with the expansion of the scope of civil procuratorial suggestion of law and related judicial interpretation, standardization of procedures, which make its effectiveness be further clear.The system, which was originally proposed as a work suggested system has become more serious and standardized as the legislation changes. Unfortunately, due to the limitation of legislative techniques, theoretical research also failed synchronize with legislation. Therefore, the law only made principled provisions on civil procuratorial suggestions, whereas some flaws also existed in relevant judicial interpretation. In addition to the defects in legislation, the relevant supporting systems are not perfect, leading to the deviation of the understanding of the legal inspection to the proposal of the civil procuratorial work, making the implementation of poor results, and can not reflect the superiority of the system. Based on the present situation of the application of the Guangxi Zhuang Autonomous Region Procuratorate, I analyzed the data obtained from the current legislation, and concludhe reason of the problem. In order to solve these problems, first of all, it should establish and strengthen the concept of civil procuratorial supervision, and play a good role in guidingfor the smooth development of the work of civil procuratorial work; Secondly, from the improvement of legislation, regulate the scope of application, operation process of civil procuratorial suggestion and change the current legislative model, hoping to fundamentally improve the civil procuratorial suggestion;moreover to clear the effectiveness of the civil procuratorial suggestion, standardize the review procedures and acceptance criteria of court; finally, through improving the relevant supporting system, such as improving the evaluation mechanism, the implementation of judicial openness and so on to improve the quality of civil procuratorial suggestion in order to realize the proper value and function of the system.