Research On Civil Procuratorial Suggestion System

Since the civil procuratorial suggestion system was formally established in the form of legal provisions in 2012,it has played an important role in the civil procuratorial system in judicial practice.The same level of supervision is conducive to the improvement of the efficiency of civil procuratorial supervision and the benignness of the courts and procuratorial organs.Interaction is conducive to the improvement of the procuratorial supervision system However,since the implementation of the civil procuratorial suggestion system,whether it is from the legislative or practical level,it still needs to be improvedIn the comparative analysis of civil procuratorial suggestions and protests,it can be seen that there are differences between civil procuratorial suggestions and protests in terms of applicable subjects,scope of application,legal effect and specific implementation procedural rules.In comparison with the procuratorial opinions and the notice to correct violations,it is found that although these two methods of procuratorial supervision are relatively rarely used in the practice of civil litigation law,considering the needs of judicial practice,civil procuratorial recommendations cannot completely replace these two methods.The existence of a way of supervisionIn the empirical analysis of my country's civil procuratorial suggestion cases,firstly,by analyzing the relevant case handling data in the field of civil supervision released by relevant departments from 2013 to 2018,we observe the development law and trend of the civil procuratorial suggestion system in my country's practice.Secondly,in the judicial practice of civil procuratorial organs,the procuratorial organs use the procuratorial suggestion method to supervise the relevant cases to find out several problems in the development of the system the relevant regulations in legislation are not clear enough;in practice There are practical obstacles in the process;lack of appropriate safeguard measures in supporting mechanismsFrom the empirical analysis of the case,the conclusion is drawn,and the countermeasures to improve my country's civil procuratorial suggestion system are summarized.In terms of legislation,it is necessary to refine the scope of application of civil retrial procuratorial recommendations and the part of the protest,clarify that the procuratorial organ should send personnel to appear in court for retrial,and improve the response mechanism of procuratorial recommendations.In practice,the internal organization of the procuratorial organs should be improved,training and exchanges should be carried out within the system,case handling quality evaluation and assessment mechanisms should be implemented,and the expert committee system should be promoted.In terms of supporting mechanisms,the reporting and filing mechanism,the investigation and verification power,and the dispute resolution and relief mechanism should be improved.