The Legal Attribute of Civil Retrial Procuratorial Suggestion and the Perfection of Its System

Abstract

The civil retrial procuratorial suggestion is legal supervision method officially established by Civil Procedure Law. The main features are same level supervision, case supervision, flexible supervision, etc. As an important supplement to civil protest system, legal effect should be positioned to trigger court. The review procedure of effective referee shall be initiated when original judgment is “indeed wrong”. In judicial practice, number of civil retrial procuratorial suggestions has steadily increased, and it has been compared with number of civil protest cases. But because legislative provisions are very principled，the retrial procuratorial suggestions lack specifications in terms of scope of application, procedures, and styles of instruments, which affect their functions fully use. To improve civil retrial procuratorial suggestion system, we should adhere to modest principle of civil procuratorial supervision, principle of limited retrial and principle of litigation benefit. It is recommended that the two high(the Supreme People's Court and Supreme People's Procuratorate) should issue special judicial interpretation as soon as possible, clarify main disputed legal issues, standardize specific procedures, and strengthen data statistics and judicial disclosure.