On The Civil Prosecutorial Suggestions System

Compared with the traditional civil protest system,the civil prosecutorial suggestions system breaks through the limitation of the supervision of the effective referee in the scope of application.The flexible application procedure provides for the protection of the civil prosecution and supervision at any time.It has improved the situation in which the internal work of the procuratorate and the distribution of personnel caused by the "Supervised by the people's procuratorate at a higher level to the people's court at a lower level”model are unreasonable.When the people's judicial needs are constantly improving and the functions of the prosecutorial organs are urgently needed to be transformed,perfecting the civil prosecutorial suggestion system is very significant for improving the efficiency of civil prosecutorial supervision and strengthening the supervision function of the prosecutorial organs.At present,various types of civil prosecutorial suggestions generally have two problems in practice.First,the effectiveness of the prosecutorial suggestions is insufficient.Although the civil prosecutorial suggestions system is a modest supervision method,the reasonable and necessary effectiveness rigidity is an important guarantee for the implementation of the supervision effect.The phenomenon that the supervised party does not reply in time or even refuses to reply directly occurs in the application.The People's Procuratorate lacks effective follow-up and supervision.Second,the quality of the prosecutorial suggestions is poor.The performance of this issue in the supervision of individual cases is that the proposed rectification opinions are generally more general,lack of maneuverability in implementation,and cannot play a guiding role substantially.In the supervision of the same type of case,there is a lack of in-depth and sustained attention.The proposed prosecutorial suggestions are superficial and do not touch on deeper issues such as system management.The guiding value of prosecutorial suggestions on civil litigation is difficult to achieve.Although there are differences in the subjects of behavior,applicable procedures,applicable objects,and operational mechanisms of various types of prosecutorial suggestions,based on the feedback obtained from the investigation of the application of civil prosecutorial suggestions to the people's procuratorate at all levels and the current effective legal norms,the causes of the above problems can be summarized into three aspects.First,the legal norms at the legislative level are not perfect.Not only does the lack of clear and specific provisions on the reply mechanism after the people's court receives the prosecutorial suggestions,but also the scope of supervision of the prosecutorial suggestions is ambiguous,which limits the precise application of the supervisory power.Second,the judiciary has long been affected by the concept of"Pay more attention to criminal cases than civil cases".The internal organization of the prosecutorial organs is seriously unbalanced,the knowledge structure of the civil prosecutorial team is unreasonable,and the proportion of civil and commercial law professionals is not high enough to provide sufficient resources and manpower support for proposing high-quality civil prosecutorial suggestions.As the supervised party's application to the prosecutorial recommendations,the people's courts also have cognitive misunderstandings,and there are resistances to the prosecutorial recommendations.It is difficult for the two sides to conduct high-quality and effective communication.Third,the necessary supporting mechanisms are not perfect.The provisions on investigation and verification rights are too vague,restricting the application of prosecutorial organs,hindering detailed and accurate investigation of cases;reporting irregularities to the people's procuratorate at the next higher level,carrying out follow-up supervision and system management for higher-level procuratorate,etc.In order to solve the above problems,based on the actual operation and development trend of the civil prosecution suggestion system,and according to the causes of the emerging problems,proposed targeted countermeasures to improve the system.First of all,we must improve laws and regulations and strengthen the effectiveness.The specific embodiment is a sound response mechanism,which clarifies the time limit for the response of the people's courts to receive different types of prosecutorial suggestions and the legal consequences of not responding in time,and the time limit and reasons for the people's courts to raise objections;and clarify the supervision of various types of prosecutorial suggestions.The scope is to ensure the abuse of supervisory power while strengthening the effectiveness of rigidity;and establish a system for reporting the implementation of prosecutorial suggestions to the Standing Committee of the National People's Congress,and strengthen the effectiveness of procuratorial recommendations with the help of external supervisory forces.The second is to increase the prosecutorial organs' emphasis on the prosecutorial suggestions system and enhance their ability to supervise.One is to encourage the full use of forms such as th "jianda" net to strengthen exchanges within the system and improve the professional level of the case-handling personnel.and promote the expert committee system at all levels and regions,establish an expert committee that fits the actual situation of the area,and expand the professional talent team;It is to improve the organization of civil prosecutorial supervision and work,and make full use of the various resources inside the prosecutorial organs,promote the two-way transfer of case-handling clues,implement integrated handling cases,etc.,and improve the supervision ability of prosecutorial organs.The other is improve the institutional setup of civil prosecutorial supervision and make full use of the rich resources of the prosecutorial organs to promote case handling.The two-way transfer of clues,the implementation of integrated handling cases,etc.to improve the supervision capabilities of the prosecutorial organs.Finally,the necessary supporting mechanisms will be improved.By implementing the necessary investigation and verification rights,improving the reporting mechanism for the people's procuratorate at the next higher level,and constructing a legal communication platform,the problem of low quality of the civil prosecutorial suggestions can be solved.