On The Problems And Countermeasures Of The Civil Prosecutorial Suggestions

The newly revised Civil Procedure Law of August 2012 formally established the civil procuratorial proposal as an important form of legal supervision,which has since broken the situation of civil procuratorial resistance centralism.In particular,after the two sessions of this year,the state supervision committee has been established,the procuratorial organs have been stripped of their powers of investigation,the situation in which the procuratorial organs focus on criminal justice and light civil affairs will be changed,and the legal supervision function will return to a strong position.The civil procuratorial suggestion has been explored and applied by many regions in practice before the civil procedural law is formally confirmed as a formal supervision method,but there is an essential difference between the civil procuratorial recommendation in the exploration and the civil procuratorial recommendation after the legislation is determined.At the same time,civil protests can only be supervised afterwards,and civil procuratorial proposals can be supervised and supervised afterwards.They can promptly organize violations of civil litigation rights by illegal acts and effectively save judicial resources.The supervision method of civil procuratorial proposal has the characteristics of flexibility and efficiency,but it is also due to the imperfect legislation and the concept of cognition.Therefore,this paper puts forward some pertinent questions and puts forward some suggestions in order to give full play to the role of civil procuratorial suggestions and promote the scientific and orderly development of civil procuratorial work.This paper is divided into three parts:The first part is the analysis of jurisprudence.This part first introduces in detail the legal basis for procuratorial suggestions,and then analyzes the legal basis for procuratorial suggestions in a deep sense.from the overall analysis of procuratorial suggestions to the special type analysis of civil procuratorial proposals.It lays a solid theoretical foundation for understanding the civil prosecution proposal.Then it expounds the process of the development of the system of civil procuratorial recommendation,from the development before the establishment of its effectiveness in legal form to the development after the formal determination of its legal effect in the civil procedure law,and interprets the process of the vertical development of the system of civil procuratorial recommendation in history.Finally,in order to further strengthen the understanding of the system of civil procuratorial advice,this paper analyzes the four parts of guidance function,supervision function,coordination function and supplementary function.The second part,the problems existing in the system of civil procuratorial proposal.This part first analyzes the problem that the scope of application of civil procuratorial proposals is not clear.Different situations need different treatment.Based on respecting the party's autonomy,the scope of scientific supervision is determined in combination with the necessity of legal supervision,so as to give full play to the due role of civil procuratorial proposals.Secondly,the author analyzes the deviation of the legal prosecution on the civil procuratorial proposal system.If it is not properly understood,it can not be operated scientifically.Thirdly,the paper analyzes the problem of insufficient coercive force of civil procuratorial proposal,and the negative influence of the lack of coercive force on the development of civil procuratorial proposal in terms of the resistance,the response rate,and the attributes of state power.Finally,the paper analyzes the problem of insufficient supervision effect of civil procuratorial proposal,which leads to insufficient supervision effect in terms of legislative protection,non-scientific evaluation,and follow-up supervision.The third part is the countermeasures to improve the system of civil procuratorial suggestion.According to the problems existing in practice in the second part of the proposal of civil prosecution,this part puts forward corresponding countermeasures.First of all,we should attach great importance to scientific legislation and improve the production and issuance of civil procuratorial proposals through scientific planning,the right of the court to raise objections,and the refinement of supervision standards.Secondly,from the subjective point of view,through the concept of communication,learning,keeping pace with the times,correct the concept of civil procuratorial supervision,so as to give full play to the effectiveness of civil procuratorial supervision.Third,we will strengthen the rigidity of civil procuratorial proposals,and strengthen the rigidity of civil procuratorial proposals through such means as obtaining support from higher authorities,support from the NPC,support from the supervisory committees,and communication with the courts to jointly issue documents.Finally,we will promote the scientific development of civil procuratorial proposals by means of legislative guarantees,establishing a scientific assessment mechanism and establishing a coordination and linkage mechanism,and strengthen the monitoring effect of civil procuratorial proposals.