Provisions on procuratorial suggestions

legal analysis: procuratorial suggestions are an important way for people's procuratorates to perform their legal supervision duties, participate in social governance, safeguard judicial justice, promote administration according to law, prevent and reduce illegal crimes, protect national interests and social interests, safeguard the legitimate rights and interests of individuals and organizations, and ensure the unified and correct implementation of laws.

the people's procuratorate can directly put forward procuratorial suggestions to the units involved in the cases handled by the court, the relevant competent authorities at the same level and other relevant units.

if the people's procuratorate finds that the legally effective judgment or ruling of the people's court at the same level is in a situation that should be retried according to the law, or finds that the conciliation statement has harmed the interests of the state and the public, it may put forward suggestions for retrial procuratorial work to the people's court at the same level.

Legal basis: Provisions on Procuratorial Suggestions of People's Procuratorates

Article 2 Procuratorial suggestions are an important way for people's procuratorates to perform their legal supervision duties, participate in social governance, safeguard judicial justice, promote administration according to law, prevent and reduce illegal crimes, protect national interests and social interests, safeguard the legitimate rights and interests of individuals and organizations, and ensure the unified and correct implementation of laws.

article 3 the people's procuratorate may directly put forward procuratorial suggestions to the units involved in the cases handled by this court, the relevant competent authorities at the same level and other relevant units.

if it is necessary to put forward procuratorial suggestions to the competent authorities at a higher level other than the unit involved, it shall be reported to the people's procuratorate at the same level of the proposed unit for decision and put forward procuratorial suggestions, or the people's procuratorate handling the case shall make procuratorial suggestions and report them to the people's procuratorate at the same level of the proposed unit for review and transmission.

if it is necessary to put forward procuratorial suggestions to relevant units at lower levels, the corresponding people's procuratorates at lower levels shall be instructed to put forward procuratorial suggestions.

if it is necessary to put forward procuratorial suggestions to relevant units in different places, the opinions of the people's procuratorate at the same level where the proposed unit is located shall be sought. If the people's procuratorate at the same level where the proposed unit is located puts forward different opinions, and the people's procuratorate handling the case insists that procuratorial suggestions should be put forward, it shall be reported to the people's procuratorate at a higher level for decision.

article 4 procuratorial suggestions shall be based on procuratorial functions, combined with judicial case handling, and adhere to the principles of being strict in accordance with the law, accurate and timely, necessary and prudent, and paying attention to actual results.

article 8 if a people's procuratorate finds that a legally effective judgment or ruling of a people's court at the same level is legally required to be retried, or if it finds that the conciliation statement harms the interests of the state and the public, it may put forward suggestions for retrial and procuratorial work to the people's court at the same level.