Research On The Civil Procuratorial Suggestion System

The revision of the Civil Procedure Law in 2012 was an opportunity for civil procuratorial suggestions to be "incorporated".Since then,a dual supervision structure consisting of civil procuratorial protests and civil procuratorial suggestions has been formed;after the reform of the state institutions in 2018,the procuratorial organs began to change pay more attention to the main business of legal supervision;in 2019,the Supreme People’s Procuratorate promulgated the Regulations on the Procuratorial Recommendations of the People’s Procuratorate…… In this context,the development of civil procuratorial suggestions has entered a new journey,which has also generated intense discussions.In recent years,civil procuratorial recommendations have also gradually aroused more discussion and thinking among scholars from a relatively unpopular field.However,the supervision effect of the system in practical application appears to be relatively unsatisfactory.After investigating the system,it is found that the current legislation for civil procuratorial advice is biased towards principled norms,the content is relatively simple,lacks practical content,and a series of related systems have not yet been established.Therefore,the civil procuratorial suggestion system is often in an embarrassing situation of difficulty in its practice,which leads to the failure of the value of this system to be fully utilized.At present,legislation and system improvement should be carried out as soon as possible from the following aspects: clarify the scope of supervision to conform to the principle of comprehensive supervision;the Supreme People’s Procuratorate and the Supreme People’s Court should jointly issue judicial interpretations to unify relevant content to provide unified legal support for the operation of the system;further refine the relevant provisions of the response mechanism through legislation,unify the response period and clarify the responsibilities of the recommended party;standardize the operation process of the follow-up return visit mechanism,and determine the person responsible for the case;improve the reporting system to give the corresponding authority the authority to ensure the implementation of civil prosecution recommendations;improve the relevant supporting systems of civil procuratorial suggestions from the aspects of standardizing the rules for preparing and issuing content,establishing a sound remedy for the right of objection for the proposed party,optimizing the performance evaluation mechanism,and improving the level of the agency for the issuance of similar cases.