Retrial Procurator Suggest Research

Retrial of the prosecution recommended as a common civil and administrative legal supervision means the rise in the judicial practice of China's socialist legal system with Chinese characteristics itself-line inspection and supervision of civil and judicial remedies, the scope is more and more extensive. Retrial proposal has aging fast, saving judicial resources, etc., can make up for lack of people line the protest procedure to improve the prosecution of civil-line monitoring capabilities. However, the retrial proposed public inspection and supervision in line position, operation and related procedures is not issued by a proper solution.Improve the retrial the prosecution proposed can not only enhance inspection and supervision capacity of the civil administration, but also an important means to promote justice. Research proposals on retrial, not only to promote the retrial of the proposed system has improved the theoretical significance, but also has great practical significance to guide practice. Based on this, I chose this as the thesis research to study the empirical study guidelines proposed in the retrial root out the basic theory, field trips retrial based on the proposed operation on the retrial, in practice the operation of the proposed and problems in a comprehensive analysis and put forward some feasible for perfect vision, initiate, cause-related theory and practice community attention, thus promoting the retrial proposed System.This addition to the introduction and conclusion, is divided into five parts:First introduction. The first part of this paper, the key words that the meaning of the proposed retrial to make a clear and clearly defined within the meaning of the retrial this proposal refers to the civil, administrative retrial proposal does not include the criminal retrial recommendations. Recommendations for criminal retrial, now rarely seen in practice, the relevant theory is also very small, given the limited, this study only the retrial in civil and administrative recommendations. This section of the article are the content and significance of research, about the contents of the article do a presentation on the macro.Second, the basic theory proposed retrial. This section includes three questions, first is the legal basis of the proposed retrial, the paper that the retrial the existence and development of the proposed legal basis, and from the "Civil Law", "Administrative Procedure Law," "Prosecutor Law "and relevant judicial interpretation to proceed, in order to find the legal basis proposed retrial. The second is the legal nature of the proposed retrial, the article, the legal nature, the retrial should be a law proposed supervision. The third function is proposed retrial, prosecutors suggested as a civil retrial, Administrative Inspection of new ways to adapt to the requirements of judicial practice, has a unique function.Third, the proposed empirical study retrial. Given the limited capacity of the data I collected, at the macro study, the paper work each year, mainly from Zuigao Jian data in the report, analyzing, research retrial proposed operation of a whole, come in judicial practice characteristics. Microscopic study, the author inspected the Chongqing People's Procuratorate of several grass-roots level, to these grass-roots procuratorates the retrial, in practice the situation proposed statistics, supplemented by other data, test analysis suggested that judicial retrial the operation in practice to study its effect and operation problems, the initial master retrial suggested the operation in practice.Fourth, the problems proposed retrial. From the above point of view of macro and micro perspective of the analysis, and after the author's limited field visits, recommendations on the retrial had a rough idea. Retrial of the proposed system of civil administration has not been systematic research scholars, and relatively clear legislative provisions, the prosecution in the judicial practice according to local conditions, continuing to explore the various local practices vary, so will have many problems. These problems are mainly with the law is not perfect in itself is not standardized and the lack of supervision and support system and so on.Fifth, the proposed retrial perfect vision. The first part of the retrial for the above noted problems in prosecution recommendations, from all aspects of the improvements, and then put forward for further institutional reform from the advance of the expected direction, trying to build a reasonable retrial proposed framework for the ongoing reform the conduct of a few comments. These ideas include a clear legal status of the proposed retrial, the proposed basic building retrial retrial procedures and improve the proposed support mechanisms.