Research On The Civil Prosecutorial Suggestions

With the continuous development of China, the process of the law society continues to accelerate, and the law also has improved. In the "Civil Procedure Law" revised in 2012, the original civil prosecution system has been substantially modified. The revised Civil Procedure Law treats the crown proposals to be a new mode of supervision of prosecutorial organs, which has changed the previous single protest mode, and clear the legal status and scope of the crown proposals, so it provides legal protection for prosecutorial organs to launch civil prosecutorial oversight activities. Under this background, the prosecutor proposals in Civil Case will inevitably show a new feature, the full study of civil prosecutor proposals is significant to dealing with the relationship between the judicial and prosecutorial power, and the relationship between the prosecutorial power and the right to appeal.This article has a total of six parts, including the introduction and conclusion, according the structure of identifying problems, asking questions, solving asked questions. The introduction of this paper puts forward the research topic, gives the research status and overview of related issues.First, from our newly "Civil Procedure Law" revised in 2012 to start, a brief analysis of the concept, features, changes, nature, and the new development of civil prosecutorial proposals has been given, which gives a foundation of the later elaboration on the proposed system applicable.Secondly, although the new "Civil Law" implemented in 2013 increases the relevant provisions of "prosecutorial proposal", and gives the civil prosecution proposal a clear legal status, but the specific scope, conditions, effectiveness and the applicable procedures are not clear, resulting the awkward position of prosecutorial proposal in practice, so it is necessary to be further explored. The two means procuratorial organs exercise legal supervision in civil cases, procuratorial proposals and protest, should be effectively convergence, complement each other to form a collaborative relationship. Therefore, we must improve the prosecutorial proposal protection mechanism.Finally, from the still existing problems of country’s civil prosecutorial proposal system, the paper give some comments and suggestions to improve the civil prosecutorial proposal system, which are to regulate the format and content of legal instruments of civil prosecution proposal; strengthen the reason and legal professional of legal instruments of civil prosecution proposal; clear the court to receive and review the prosecution recommended procedures; perfect Remedies of civil prosecutorial proposal. Only through adequately study of civil prosecution proposal, the relationship between the prosecutorial power and jurisdiction can be dealt with, and it is also important for relationship between the right of appeal and the prosecutorial power.