The Path Of Applicable Inspection And Effectiveness Improvement Of Chinese Procuratorial Suggestions

Procuratorial recommendations have long been problematic with insufficient rigidity.The academic circles have been calling for the legislative rigid empowerment of procuratorial recommendations,but they have not received a response from legislators for a long time.With the transfer of the investigative power of official crimes and the completion of the reform of the internal organization of the procuratorial agency,the legal supervision system of the procuratorial agency has been reconstructed.Under the opportunity of steadily improving the legality and legitimacy of procuratorial recommendations,choosing the right path to enhance the effectiveness of procuratorial recommendations is conducive to achieving the unity of political,social and legal effects of procuratorial recommendations,and promoting the modernization of the national governance system and governance capabilities on the track of the rule of law.In addition to the introduction and conclusion,this article is divided into four parts:First of all,the outstanding problems and reasons existing in the operation process of the procuratorial suggestions are summarized.The poor operation effect of procuratorial suggestions is mainly reflected in the following four aspects:first,in order to achieve high adoption rate and response rate,the procuratorial organs pursue the number of production and distribution;second,too much attention to communication and consultation to obtain the recognition of the proposed units;third,the supervision of procuratorial cases requires a lot of manpower and funds,less case suggestions;fourth,the number of production and distribution,low adoption rate,closed documents,the people are difficult to make objective social evaluation,and the influence of procuratorial suggestions is limited.The main reasons are three reasons: First,the provisions of the procuratorial advice to the private power system can deviate from the core of legal supervision,but reduce the effectiveness of the procuratorial advice;the second,the system is overpower,the strong policy orientation blurred the legal properties of procuratorial suggestions,the transfer of duty crimes,reconstruction of legal supervision system,procuratorial suggestions become an important way of legal supervision,and the role of the basic procuratorial team.Second,clarify the nature and value pursuit of procuratorial recommendations.Procuratorial recommendations are an important way for procuratorial organs to perform their legal supervision duties.They have a wide range of applications and can play a role in civil,administrative,and criminal proceedings.The implementation of procuratorial recommendations relies on the active cooperation of the recommended units.Unlike the Russian prosecutor’s suggestion of compulsory evidence collection power,it is a flexible legal supervision method compared to the counter-suit that has the effect of compulsory procedure activation.After the transfer of the power of investigation of duty crimes,the position of the procuratorial agency as a national legal supervision agency has not changed.Under the socialist legal system with Chinese characteristics,the procuratorial power and the legal supervision power are identical,and procuratorial recommendations are important for the procuratorial agency to exercise legal supervision power.The way,in essence,is the exercise of state power,and it is oriented towards public power.As the national legal supervision agency,the procuratorial organ has a relatively high political position in advancing the modernization of the national governance system and governance capabilities.The procuratorial recommendations are of great significance for strengthening legal supervision,realizing restrictions on power,promoting the modernization of the social governance system and governance capabilities,and helping to build a higher level of safe China.At the same time,procuratorial recommendations can prevent the occurrence of illegal crimes,and pre-litigation procuratorial recommendations should resolve disputes before the lawsuit.Supervision of similar cases can achieve "a case in one case and an effect of education",which reduces litigation risks and saves judicial costs.Third,to enhance the opportunities and practical effects of procuratorial recommendations.The power of investigating crimes on duty has been transferred to subordinates,the reform of the internal organization of the procuratorial organ has been completed,and its legal supervision system has been reconstructed,and a breakthrough to strengthen legal supervision is yet to be found.Procuratorial recommendations have a wide range of applications and involve the "four major procuratorial" functions.Improving the effectiveness of procuratorial recommendations is the key to strengthening the legal supervision functions of procuratorial organs.The application of procuratorial recommendations,procedures for making and issuing,legal effects,and relief procedures are all based on specific legal provisions,and their legality and legitimacy have been steadily improved.The procuratorial practice department enhances the authority of procuratorial recommendations by strengthening the seriousness of the declaration and delivery,and puts forward procuratorial suggestions for similar cases on the basis of full investigations to achieve cross-regional impact on the effect of supervision,and obtain professional opinions in the form of public hearings.The Standing Committee of the National People’s Congress passed a resolution to strengthen the work of procuratorial recommendations and put forward higher requirements on relevant departments.The procuratorial organs,recommended units,and other assisting departments all attach greater importance to procuratorial recommendations.Finally,to strengthen the effectiveness in procuratorial suggestions in the correct direction.The path choice to improve the effectiveness of procuratorial suggestions no longer requires high-level laws to give procuratorial suggestions mandatory,but should start from the constitutional positioning of the procuratorial organs as a national legal supervision organ to realize the supervision and restriction of public power.Through the improvement of their own ability and guarantee the effective implementation of the procuratorial advice through the supervision of external forces,delete the provisions from the legal supervision core,further clarify the production and development of procuratorial proposals,pay attention to the supervision effect,solve the current problems and ensure the long-term stability of social order;communication and consultation is an important measure to improve the pertinence and rational procuratorial suggestions,but should also specify the standard,frequency,place,content,etc.The NPC supervision also plays an important role in the national supervision system,and the withdrawal review can ensure the effective implementation of the procuratorial suggestions;the public hearing provides a good platform for hearing the opinions of the expert representatives and fully explaining the facts and evidence to the social governance procuratorial suggestions.The openness of the documents increases the transparency of handling cases,enhances the connection between the people and the judicial organs,improves the social influence of the procuratorial suggestions,and urges the recommended units to actively implement them.