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Academic Journal of Humanities & Social Sciences, 2018, 1(1); doi: 10.25236/AJHSS.040011.

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


Guo Wei

Corresponding Author:
Guo Wei

Ph.D. Candidate of Collaborative Innovation Center of Judicial Civilization, China University of Political Science and Law, Beijing100088, China


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


Civil, retrial procuratorial suggestions, legal attributes, system improvement

Cite This Paper

Guo Wei. The Legal Attribute of Civil Retrial Procuratorial Suggestion and the Perfection of Its System. Academic Journal of Humanities & Social Sciences (2018) Vol. 1: 72-83.


[1] Sun Jiarui: "Several Issues Concerning the Procuratorial System of the New Civil Procedure Law", in Journal of National Prosecutors College, Vol. 22, No. 2.
[2] See Fan Weiguo: "Research on the Practice of Civil Retrial Prosecution suggestions - Analysis Based on Sample Data", Journal of Wuhan University of Technology (Social Science Edition) November 2017 Volume 30, Issue 6.
[3] Zhou Yongkun: Jurisprudence, Law Press, 2004 edition, p. 101.
[4] Han Jingru: "Civil Procura suggestion - to Civil Protest Perspective of Relationship Coordination, in Journal of Southwest University of Political Science and Law, 2013, No. 1.
[5] Data source is the work report of the Procurator-General of the Supreme People's Procuratorate at the plenary session of the National People's Congress from 2013 to 2018. Civil and administrative cases are not distinguished. Some annual data are vacant, and the chart shows a blank.
[6] Pan Jianfeng and Han Jingru, New Issues and New Consciousness: Challenges to Civil Trial in the Revision of Civil Procedure Law", 11 Law Application, 2012, P. 51.
[7] Editor-in-chief Wang Hongyi, etc.: Judicial Reform and Improvement of Civil Procedure Supervision System], Xiamen University Press, 2010, P. 250.
[8] Jiang Bixin, Sun Xiangzhuang and Wang Chaohui: Lecture on Judicial Supervision Procedure of New Civil Procedure Law, Law Press, 2012, P. 10. "3+1" model refers to a civil case, after first instance, second instance, retrial (or trial) by the court, and then protest by the procuratorate or put forward retrial procuratorial suggestions, the proceedings will be terminated, and the parties may not appeal for the final judgment.
[9] Tang Weijian: On the Improvement of the Civil Protest System, in the "People's Procuratorate", 2007, No. 9.