The Historical Development Of Procuratorial Suggestions

The procuratorial suggestion originated from Soviet Union when it has been promoting the revolutionary legal system.It is one of the special ways for the procuratorial organ to exercise its supervisory power,it not only has a clear scope of application and circumstances,but also has a fixed style,content and norms of legal instruments as a carrier.China has used procuratorial suggestion for more than 90 years,mainly through three stages:“Budding and Formative stage”,from the period of the revolutionary base period to the beginning of the founding of the People's Republic of China,the original form and supervision attribute of procuratorial suggestion are created in the period of revolutionary base area;after the establishment of the Constitution and the Organization law of Procuratorate in 1954,the procuratorial suggestions are formally formed in practice and used regularly,and the procuratorial suggestions apply to the general supervision and the specific supervision activities,which is an important way of procuratorial supervision.“Developing stage”,after the enactment of the 1978 Constitution to The Provisions of the Procuratorial Suggestions of the People's Procuratorate(trial)were promulgated in 2009,the scope and scale of procuratorial suggestions have been expanded,and it's nature has been changed from"general supervision means"to“legal supervision means”.“Perfecting stage”,from 2009 to now,the number of regulatory documents has been growing and the level of effectiveness has also been increasing.Since the pilot of administrative public interest litigation in 2015,the mandatory of procuratorial suggestions has begun to strengthen,and there is a clear distinction between procuratorial suggestions and other forms of legal supervision in terms of scope of application.Since the amendment of the Organization law of Procuratorate in 2018,the status of procuratorial supervision is further laid by making clear provisions on the supervision methods such as procuratorial suggestions by law for the first time.The system of procuratorial suggestion is an important part of the construction of socialist rule of law,and it is also an important system for procuratorial organs to carry out legal supervision.For the future development of procuratorial suggestions,on the one hand,it is necessary to further type the procuratorial suggestions based on the specific functions of the Procuratorate,paying attention to the cooperation with other supervision methods in order to give full play to its role;On the other hand,it is also necessary to establish boundaries for the application of prosecutorial suggestions,which cannot be generalized or abused.This paper analyzes the evolution process of procuratorial suggestions at different stages in the past 100 years,putting it in the historical background of the changes of procuratorial power and system,from the aspects of legal norms,scope of application,characteristics of nature,classification of documents,and effectiveness.