Journal of Jishou University(Social Sciences) ›› 2012, Vol. 33 ›› Issue (5): 120-126.DOI: 10.3969/j.issn.1007-4074.2012.05.018

• Law • Previous Articles     Next Articles

On Institutionalization of Suggestion from Prosecutorial Organizations for Retrial

  

  1. (1.Research Center of Social Systems Science,Jiujiang University,Jiujiang,Jiangxi 332005,China;2.Jiujiang People’s Procuratorate,Jiujiang,Jiangxi 332000,China)
  • Online:2012-09-15 Published:2012-10-18

Abstract: Suggestion from prosecutorial organizations for retrial is a common practice for the procuratorates to implement legal supervision on civil cases.It changes the fact that cases of protest are centered in the high-level procuratorates,making the legal supervision more reasonable in structure.Before it was revised,the Law of Civil Procedure was not sufficient to regulate suggestion from prosecutorial organizations for retrial,leading to prevailing consultative legislation and weak supervision in practice.The Law of Civil Procedure revised in 2012 will provide a good opportunity to institutionalize suggestion from prosecutorial organizations for retrial.While clearly defining the initiating,issuing and effectiveness of suggestion from prosecutorial organizations for retrial,the legislation should also implement strict supervision.

Key words: suggestion from prosecutorial organizations for retrial, appeal, consultative legislation, institutionalization

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