Research On Procuratorial Suggestion System Of Civil Retrial

The Civil Procedure Law of the People's Republic of China was amended in2012,which has established the law status of the prosecutorial suggestion about retrial of civil cases as a way of supervision.The amended Law has also exerted a far-reaching influence and been considered to be of great importance to the development of prosecutorial suggestion about retrial of civil cases and civil litigation supervision.This thesis aims to make a tentative study on the system of civil retrial prosecutorial suggestions.The whole essay is divided into four parts.The first part firstly illustrates the development history of this system of civil retrial prosecutorial suggestions consisting of three phases: the stage of practical exploration,the stage of assertion through legal reform and the stage of legislation.Then the connotative meanings of prosecutorial suggestions about retrial of civil cases have been discussed from the perspectives of functions of procuratorates as legal supervision organs,the supervision levels,scopes and effectiveness of retrial prosecutorial suggestions,and also the differences from legal protest and other types of prosecutorial organizations' suggestions about civil cases.On the basis of an empirical investigation of the operational status of civil retrial prosecutorial suggestions,the second part of the paper analyzes the value of civil retrial prosecutorial suggestions in practice.The prosecutorial suggestion system has made up for the deficiency of civil protest,which is regarded as a strict way of supervision,and embodied the practice of the idea of modern cooperative oversight.This system will also lead to the positive interactions between courts and procuratorates.When it comes to handling the civil protest cases,conflict in the form of “inverted triangle” has been eased by this system.With judicial resources saved,social conflicts resolved and the burden of the party filling civil lawsuit relieved,the abundant samples will be accumulated during the judicial practices.The third part looks into the dilemma and challenges faced when implementing the civil retrial prosecutorial suggestions from the angles of related lack of legislation,cognitive divergences between courts and procuratorates,negativeattitude from People's Court and also its poor quality.The fourth part puts forward relevant recommendations on how to strengthen the system of civil retrial prosecutorial suggestions based on the following five proposals: improving legal procedures,correctly comprehending the application scope of civil retrial prosecutorial suggestions,enhancing quality guarantee mechanism,setting up specific review mechanism for People' Court and reinforcing coordination mechanism,so as to be advantageous to the scientific development of the system of civil retrial prosecutorial suggestions and that of civil lawsuit supervision.