Research On The Civil Retrial Procuratorial Suggestions

The emergence of civil retrial procuratorial suggestion is not an accident, it is explored prosecutors in handling cases, by the time the application of the specific case of summing up experience, and gradually promotion, apply in the procuratorial organ, is the crystallization of the procuratorial practice. In August 2012, the country's public prosecutors looked forward to a long-awaited revision of the wishes of the civil procedure law. The National People's Congress standing committee issued the amended civil procedure law, and the word "procuratorial advice" has finally been written into the law. The civil retrial procuratorial proposal has already existed in judicial practice and has become more and more established, and it has finally entered into the code of China with its rich connotation. As a form of procuratorial supervision, it is a formal and civil disobedient.This paper expounds and analyzes the civil retrial procuratorial Suggestions in four parts.The first part, the author defines the concept of it, with clear provisions of the civil procedure law elaborated the new way of monitoring object, namely the civil effect the people's court judge. In particular, it includes decisions that have been legally binding,partial rulings, and mediators that harm national interests and public interests. This paper reviews the arduous development of the process from scratch, from practice to legislative confirmation. Through data from different periods, it can be seen intuitively that this is a good development. As a form of procuratorial supervision,the civil retrial procuratorial proposal has been raised from the case investigation to the legal confirmation. The author and other procuratorial suggestion for a simple distinction, focus from applicable subject,suitable application, four aspects analyzes the efficiency, effectiveness and the protest difference, and through the real example demonstrates its irreplaceable advantage.Relative to protest the way, this kind of supervision is more advantageous to simplify the process of legal supervision, improve judicial efficiency, reduce the cost, resolving social contradictions, maintain judicial authority and impartiality.In the second part, the author demonstrates the practical significance and necessity of the civil retrial prosecution proposal. The author combined with years of accumulated experience in civil prosecutorial practice, discusses its existence is indispensable, is to strengthen the judicial supervision, to strengthen the procuratorial supervision, resolving social contradictions, to ensure the needs of the citizens' rights. This oversight approach has played a positive role in practice,reduce the working pressure of the superior procuratorial organs, to solve the plight of the grassroots people's procuratorate have no case to do, ease the tension between the court and the procuratorate, safeguard the lawful rights and interests of the parties.In the third part, the author analyzes the problems that occur in the application process and analyzes the underlying causes. At the same time, also saw as "the civil procedure law," and its related legal provisions, only has three rules is very simple, and is the protest of mixed together, there is no clear provisions about its effectiveness, thus resulting in a series of problems in judicial practice. Its application scope is mixed with civil disobedient, lack specific operation process, the regulation that must decide by the committee decides its efficiency and so on. Due to the court and the procuratorate's attitude for retrial procuratorial advice coordination in chengdu, it also led to the regional unbalanced development of the civil retrial procuratorial suggestion work. The public procuratorial organs of procuratorial organs are few and far less, and the overall quality is still to be improved. The existence of these problems is a far cry from the development of civil retrial. However, it is not possible to deny the value of the system of civil retrial prosecution.In the fourth part,the author makes clear that we should perfect the system of civil retrial procuratorial advice and maximize its value. The author mainly from the applicable procedures, scope of application, the force of law, the prosecutor team construction suggest perfecting four angles, and discussed how to perfect, from the legislative Suggestions can explicitly put forward the proposal, it is set for the interests of the preceding procedure, the cancellation must be decided upon by the procuratorial committee of cases to unification, procuratorial proposal format to standardize the unification, no play makes jack, court reply form to unity, clear the legal validity of procuratorial advice, and by cultivating highly qualified prosecutors will it into practice,and developing.The author hopes that through the introduction,analysis and demonstration of this paper, it will be able to exert a little effort for the further development of the civil procuratorial supervision.