Research on the Path Selection Between Prosecutorial Protest and Retrial Prosecutorial Suggestion in Civil Prosecutorial Supervision
As statutory supervision methods for effective civil judgments,prosecutorial protest and retrial prosecutorial suggestion's proper selection and application are conducive to enhancing the quality and efficiency of prosecutorial supervision and meeting the public's expectations for justice.However,there are some issues in the selection and application of two supervisory approaches,such as unclear legal norms,diverging understandings,and ambiguous value orientations which lead to difficulties in choosing between the two paths and insufficient practical effects of the system of prosecutorial suggestion for retrial.It is imperative to clarify the relationship,theoretical foundation,functional positioning and institutional value between protest and prosecutorial suggestion for retrial,thereby highlighting their respective institutional advantages.Specifically,the same-level prosecutorial supervision should be established as the primary approach,with a clear distinction between application of protest and prosecutorial suggestion for retrial.Furthermore,the connection mechanism between them needs to be improved,aiming to create a dual-dimensional supervision framework for civil procuratorial supervision that conforms to judicial principles and operates effectively,thereby contributing Chinese wisdom and solutions to the construction of the world's civil litigation system.
万方数据
维普
