Study on some problems of procuratorial suggestion system
|Keywords||prosecutorial advice legal superintendence legal effects|
The procuratorates have been researching the institution of prosecutorial advice for many years, which have obtained a lot of experience and obtained fine legal and social effects. This institution came into being and developed in China, having no experience from other countries for reference. The author then consider that the procuratorates should integrate all kinds of normative documents, enhance legal levels of the prosecutorial advice, nail down its status, boost up its authority and put it into schedule of legislation as soon as possible. The prosecutorial advice could be regarded as a measure, a kind of innovation when the procuratorates implement its legal superintendence, but should set different legal effects aiming at different objects and contents. We should establish related detailed rules for implementation, normalize its criteria, improve the performance assessment, etc.This article would be divided into four parts hereinafter:the first is on the concept of the prosecutorial advice and the difference between some similar documents. The author would start with the concept, and distinguish and analyze the prosecutorial advice, position paper and illegality correcting information. The second is on the research of the institution’s status quo, which includes its legal prescription researching, status quo of implementation and the effects it obtained. The third is theoretical analysis of the institution. The author would analyze its necessity, functions and principles of its application. The last one is advice of this institution. The author thinks the procuratorates should improve the institution of prosecutorial advice by enhancing the cognition and its legal status, and improve its procedure and strengthen its sanction.