Civil Prosecution Recommendations Apply To Research

Civil procuratorial advice as a way of legal supervision,as early as 2012 before the law,it already exists in the judicial practice,but also by the prosecution as an important supplementary supervision applied to the civil procuratorial business.Despite the subsequent introduction of relevant legal and judicial interpretations,the civil procurator’s proposal has not been fundamentally resolved due to the imperfect legislation.The civil procuratorial system has not yet had a positive impact on our procuratorial supervision system.Civil prosecution proposals,has its own unique nature,with its civil protest can not match the advantages.First of all,by comparing and analyzing the classification and characteristics of the civil procuratorial proposal and the relationship with the civil protest,we can get the value that the civil procuratorial suggestion system should play in our procuratorial supervision system.However,in the actual operation,the civil procuratorial proposal because of the law,a lot of provisions are not perfect,resulting in the People’s Procuratorate as a legal supervisory authority,but can not be better applied to the civil procurator recommended this new way of supervision to perform supervision functions.Therefore,this article through the relevant judicial interpretation and related laws to analyze the civil prosecution proposed system in China encountered a series of problems,and then one by one,comprehensive analysis,analysis of the process,to combine the practice In the end,the final recommendations of the civil prosecution proposals to make reasonable recommendations.Therefore,to improve the efficiency of civil prosecution supervision to make it better to play a role,we need to seriously think about how to improve the civil prosecution proposals.To improve the system of civil procuratorial proposals in China,we need to improve the standard system of civil procuratorial suggestions from three aspects,such as clarifying the conditions,objects,scope of application and standard operating procedures of civil procuratorial suggestions,and empowering enforcement.Second,we must improve the working mechanism of procuratorial organs,such as raising the quality of procuratorial staff,improving the quality of civil procuratorial proposals,enhancing the rationality of civil procuratorial proposals,establishing a series of scientific supporting mechanisms and so on.Finally,we must improve the court’s relief mechanism,such as giving the court a certain right of objection,but also clear its objection to the way and date and the consequences.It is believed that through the reasonable regulation of the relevant procedures,the civil procuratorial proposal system will play a better role in the future rule of law in China as a means of civil procuratorial supervision with Chinese characteristics,and better perform the procuratorial supervision function.