Study On The Effectiveness Of China's Civil Retrial Prosecution

The procuratorial suggestion system was included in the Civil Procedure Law of 2012.It is an extension of the procuratorial organ's exercise of civil procuratorial supervision.It will advance the supervision of civil litigation activities to the prior and in the event,and can more effectively protect the legitimate rights and interests of the parties.It is more conducive to the protection of justice.The retrial procuratorial suggestion and the protest are the same as post-supervision supervision.The difference lies in the non-mandatory prosecutorial supervision of the proposed nature.The system can better promote the simplification of the civil retrial procuratorial supervision procedure,improve the judicial efficiency,optimize the judicial resource allocation and maintain the judicial system.Justice and authority.However,the law has established this system,but it has not clarified the connotation of its effectiveness.As a method of prosecutorial supervision similar to the function of protesting,the effectiveness is not clear,which is unreasonable.The ambiguity of effectiveness makes it difficult to achieve the expected effect of the establishment in practice.The number of re-examination proposals and their adoption rate are greatly affected by legal policies.On the basis of introducing the origin of the retrial procuratorial system and the description of the process of entering the law,the author analyzes the specific manifestations and causes of the effectiveness of the connotation of the effect,and then elaborates on the elements of its effectiveness connotation,and puts forward the effectiveness.Based on the idea of perfecting its specific system.