Study On Rationality Of Civil Procuratorial Suggestion Power

Although civil procuratorial suggestion power has been produced and implemented for a long time,the theoretical research on the system has been in a relatively backward state.Theorists seem to have been unable to raise interest in the system,but it is the practice of the system has shown great enthusiasm.The discussion about the power of the civil procuratorial suggestion power,and the research on the relationship among the power to exercise procuratorial power,the judicial power and the right of action is all in the initial stage.In this paper,the civil procuratorial proposals formally written into the current "Civil Procedure Law" as an opportunity,theoretical significance is to further clarify the relationship between the procuratorial and judicial authority,civil litigation,and through the comparison between common law and civil law system of the basic functions of procuratorial organs and civil procuratorial suggestion system,elaborated the civil procuratorial supervision legal system as a way of suggestion new China's procuratorial organs,the formation of one yuan supervision mode,in this mode is conducive to the procuratorial organ as the legal supervision organs and give full play to its function,it can ensure the realization of the fair value of the case;the practical significance is that through the demonstration of civil procuratorial suggestion system rationality,firm confidence in practice of the system,also provide recommendations for the implementation of the system.The first part,"Introduction".To explain the formation process and the connotation of the civil procuratorial suggestion right of our country,and rationality of the civil procuratorial suggestions on the value of right now academic logic rationality,rationality of questioning experience.The second part,"the value of civil procuratorial suggestion right".Mainly from the two aspects of fairness and justice and efficiency and social justice and freedom of will,through the study of the relevant legal philosophy,from the perspective of the value of the right of civil procuratorial suggestions.The third part,"the system rationality of civil procuratorial suggestion right".By means of the judicial practice in the investigation into the case,mainly from the two aspects of the relationship between civil procuratorial power and judicial authority,the right advice,focus on analysis of the new civil procedure law article 208 th and 209 th,whether civil conflict procuratorial suggestions argumentation power intervention with the judicial authority,right of action,whether the impact of power(right)normal application whether or not,destroy the balance of civil litigation structure.The fourth part,"the empirical rationality of the power of civil procuratorial suggestion".Through the collection of the Supreme People's Procuratorate judicial practice system and data analysis of civil procuratorial suggestions,as well as on a grassroots Procuratorate in recent years data issued,summed up the annual general data,and the application status of procuratorial suggestions and recovery situation,analysis of the specific case,to observe the application of civil procuratorial suggestions in judicial practice in the case of the relationship between the procuratorial power and judicial authority,proposed action.The fifth part,"the comparison of the rationality of the civil procuratorial suggestions".By analyzing the nature of procuratorial power in some countries of the two legal systems,this paper expounds the influence of the procuratorial power on the civil procuratorial power,and finds out that the position of the procuratorial power determines the existence of the power of civil procuratorial suggestion.With comparison of similar civil procuratorial recommendations of the former Soviet Union,Russia and China,from the two aspects of the scope of the intervention compared with that of procuratorial organs participation in civil litigation and intervention,China and the former Soviet Union,Russia will be defined as the procuratorial organs of state organs for legal supervision,civil procuratorial suggestions and specific right of procuratorial organs the relationship between functions.The sixth part,"the countermeasures to improve the power of civil procuratorial suggestions".Mainly from two aspects to propose countermeasures,namely to strengthen the effectiveness of the civil procuratorial recommendations and the establishment of tracking mechanisms to regulate the operation of the proposed mechanism of civil procuratorial proposals.Through the analysis of the previous part of the rationality and the necessity of the existence of the system of legal system is really legal effect,is not only a work system,is to ensure the dignity of law,every action of public power should be legal behavior,so should ensure the legal effect of civil procuratorial suggestions.The ambiguity of the system will lead to the loss of rationality,the improvement is to ensure the rationality of the system,so we should further clarify the problem of the border of power in the system and the convergence of the civil procuratorial proposals and the protest.The seventh part,"conclusion".Generally speaking,the civil procuratorial suggestion power from the value rationality,the rationality of logic and experience the rationality of three aspects can reflect the value of its existence,just because its just have the "legal status",the design of the system is not perfect,needs to carry on the relevant provisions to be specific and clear,to ensure that the scope of civil supervision the right and duties of procuratorial suggestions.