Research On The System Of Procuratorial Suggestion

As a unique form of the judicial proposal system in China, procuratorial proposal system has its Chinese characteristics. It has been in our country for many years, which has a profound impact on specific judicial practice. Over the years, the procuratorial department has an active exploration on the procuratorial proposal system, which brings us a wealth of experience, resulting in better legal effects and social effects. Procuratorate proposal system has been written into The Civil Procedure Law in 2012, which is an approval of the exploration as well as a landmark of further improving of the prosecution system in legislative system. However, this system is a product of China so that we have no foreign experiences can be used for reference. According to the summarization and analysis of the actual effect and research results of this system, the legal attribute of procuratorial proposals should be defined under the legal supervision of the procuratorial department in the inherent category and an indispensable part for the right of legal supervision. Although, theoretically, the system of procuratorial proposal, as one of the ways to exercise the right of procuratorial proposal, should have certain legal supervision effect, the operation of the system in the judicial practice is still not ideal. After an investigation of the system, we believe that the procuratorial department should integrate all kinds of normative documents, improve the legal status of the system, clear its legal status, strengthen its legal authority and put it on its way as soon as possible. They should formulate detailed rules for the implementation of the related work, make a standard criterion of procuratorial proposals, improve relevant supporting system of the performance appraisal and supervision of the implementation,integrate the procuratorial proposals and prosecution submissions and correct illegal notice and other relevant legal instruments. This paper is based on the analysis of the principle of the system of procuratorial recommendations, which combined with the exploration of the procuratorial work in the process and specific empirical data by using the results and the system made in recent years.By theoretical analysis combined with empirical analysis method to further improve from the purpose of the system of procuratorial proposal of proposed by strengthening the law construction and system construction of the mechanism, making the system become a systemically the procuratorial practice system, and further enrich and perfect the procuratorial system of our country.The content of this paper is arranged as follows:The Introduction part mainly explains the purpose of the topic, introduces the present research status and results and the significance and the methods of researching.The first chapter is an introduction to procuratorial proposals. This chapter including the meaning and characteristics of the procuratorial proposals, the historical evolution, the new development as well as the system basis and value of the procuratorial proposal, which brings the general principle of the procuratorial system.The second chapter is the analysis of our country’s procuratorial proposal system. Summing up the existing problems of the prosecution proposal in the judicial practice and analyzing the causes through a large number of data and examples of the recommendations.The third chapter expounds the necessity of perfecting the system of procuratorial proposal. To enhance the efficiency of the proceedings, strengthen legal supervision, public security coordination control three aspects of perfecting the necessity of the system of procuratorial proposal.The fourth chapter puts forward the countermeasures to improve the system of procuratorial proposals. It is pointed out that the system should be improved by improving the legal status of the procuratorial’recommendations, the scope of the legal application of the procuratorial recommendations, and the improvement of the operational procedures of the procuratorial proposals.