The Civil Retrial Procuratorial System Research Proposals

In 2012, the revised "civil procedural law" established the civil retrial procuratorial suggestion is one of legal supervision. However, for the applicable scope of the civil retrial procuratorial suggestion such as no detailed explanation and regulations, the civil procuratorial supervision of procuratorial organ to bring a more or less influence, will certainly to the using process of the civil retrial procuratorial advice and supervision after effects produce certain effect. This article mainly through to the civil retrial procuratorial advice about the theoretical basis of research, further demonstrates the significance of its existence and practice base, the retrial procuratorial suggested that the concept, nature, scope, and discusses the differences of other ways of legal supervision, so as to analyze the current application situation of civil retrial procuratorial suggestion in our country, summarizes our country civil retrial the crux of the procuratorial suggestion perform poorly, and puts forward some advice to improve civil retrial procuratorial run, expecting to help to practical work. All will be divided into four parts, in particular is:The first part, overview of civil retrial procuratorial recommendations. First of all, through the introduction of the origin of civil retrial procuratorial advice, let the reader know roughly the development of the civil retrial procuratorial suggestion. Secondly, this paper introduces the concept of civil retrial procuratorial advice respectively, characteristics, value, scope of application, as well as outside the civil prosecutorial system and draw lessons from, it is concluded that civil retrial procuratorial advice be unique to the procuratorial organs and legal supervision mode which accords with the situation of China, to our country the development of the socialist rule of law society has a good role in promoting. Finally, the civil retrial procuratorial suggestion and protest from both the main body, nature, such as whether to appear in court and the applicable scope for comparison, analysis the advantages and disadvantages of the two. Civil retrial prosecutorial suggestion and the protest complement each other, but in judicial practice, supervision at the same level shall give priority to apply the applicable civil retrial procuratorial suggestion.The second part, through the analysis of data analyze the current civil retrial system of procuratorial suggestion. Although based on the analysis of civil retrial procuratorial suggestion and protest the business data, it can be seen that civil retrial procuratorial advice has been a steady rise in the present is presented, and the status quo of the proportion of protest is rising, but also appeared in the imperfection of the legal norms, lack of operability; Decided differences; Cohesion and imperfect mechanism, supervision and the effect is not ideal; Reply to feedback and adoption rates higher.The third part, mainly put forward Suggestions of perfecting our country's civil retrial procuratorial suggests making. First from the norms of civil retrial procuratorial suggestion of the applicable conditions, procedures and documents to the operation of the civil retrial procuratorial recommendations written rules, clear and appropriate to expand the scope of civil retrial procuratorial suggestion system from the three angles of a unified operating mechanism, so as to improve the maneuverability of the civil retrial procuratorial suggestion. And then to pass the reasonable use of retrial procuratorial advice and protest, and improve the feedback and tracking system to improve the system of cohesion, in order to strengthen its supervision and effect. Moreover, through the good civil retrial procuratorial advice of quality, formulate unified criteria for recognition of the new evidence right exercise requires, strengthen ShuiLiXing retrial procuratorial suggestion, efforts to improve the level of business ability and so on to improve the quality of case, an effective way to expand is adopted. Finally by strengthening and judicial organ, the higher the procuratorial authority of business communication, and communication with the place National People's Congress, so as to realize the civil retrial procuratorial suggestion to improve response rates.On the content of this article embarks from the theory to the judicial practice, this paper studies the civil retrial system of procuratorial suggestion of perfecting problem. Any law in the judicial practice problems will appear more or less in the use, only mastered the problems in the analysis, to accurately apply, and to give full play to its advantages. Only in this way, the social fairness and justice in order to better implement, to achieve the purpose of the rule of law and social harmonious development in our country.