新民诉法背景下民事检察建议的运用与制度完善

Practical Application and System Perfecting of the Prosecutorial Suggestion in the Perspective of the Amended Civil Procedure Law

民事诉讼法修改明确了检察建议是法律监督的法定方式,使之与抗诉成为既相互独立又互为补充的两种法定民事检察监督方式,将大大促进检察机关民事检察监督职能的发挥。然相关法律规定仍过于原则抽象,不仅给实践带来混淆和困扰,也会弱化检察建议的实施效果,因此要从检察建议的分类适用、程序规则、跟踪问效等方面入手,进一步完善检察建议的制度及效力构建。

The Law of Civil Procedure after being amended has added ＂Prosecutorial Suggestion＂ as a statutory su- pervision mechanism, which makes it parallel and independent compared with the counter-appeal mechanism. The es- tablishment of prosecutorial suggestion will greatly give play to the supervision function of civil prosecution. However, the related laws and regulations are so principle and abstract that confuses and troubles will take place in legal practice and the effect of the prosecutorial suggestion will be faded. This article aims to focus on the system perfection and effect establish- ment of the prosecutorial suggestion in terms of its category application, procedure rules, effect following and etc.