Civil administrative procuratorial work is an important part of procuratorial work and an important breakthrough for procuratorial work to participate in social management. 20 12 03 14. the adoption of the new criminal procedure law has brought higher requirements and challenges to the current work of the people's bank of China. This paper tries to briefly analyze the main problems existing in the practice of procuratorial work of the People's Bank of China, and puts forward corresponding countermeasures, with a view to benefiting the development of civil administrative procuratorial work of grass-roots procuratorates in China and giving full play to the functional role of procuratorial work of the People's Bank of China in the process of building a harmonious society.

Paper Keywords: civil administrative procuratorial grass-roots hospital social management

First, the problems existing in the current civil administrative procuratorial work

Civil administrative procuratorial work Over the years, through the efforts of police officers in civil administrative procuratorial departments of procuratorial organs at all levels, civil administrative procuratorial work has made remarkable achievements and won wide respect and support from all walks of life. However, due to the late start of civil administrative procuratorial work, imperfect legislation, diversified interest pattern and complicated social contradictions, the current situation of civil administrative procuratorial work is not optimistic. Mainly manifested in: First, the civil administrative procuratorial work is not strong enough. The current law does not clearly stipulate that civil administrative procuratorial organs should participate in the work of the People's Bank of China. As a result, some civil administrative procuratorial work cannot be carried out and has no strength. For example, sometimes in order to get the files of judicial organs smoothly, most of them are obtained through leadership consultation. Second, the scope of supervision is too narrow. The Civil Procedure Law stipulates that procuratorial organs have the right to lodge protests only against civil and administrative judgments that have taken legal effect and are indeed wrong, and have no right to lodge protests against other issues such as civil mediation and execution of civil cases. In judicial practice, civil cases concluded by people's courts through mediation account for a considerable proportion, and mediation errors also exist. At present, it is not stipulated that these civil administrative cases can be supervised by procuratorial organs, which leads to a small number of cases in procuratorial organs to some extent. Third, it is difficult to protest retrial and change judgment, and it is difficult to implement. Generally, the higher court will refer the protest case to the court of first instance for retrial, and some courts of first instance unilaterally believe that the retrial has changed the case, which will affect the reputation of the court and the personal interests of the judge. So there is some resistance. At the same time, retrial cases must be discussed by the judicial Committee, and it is often difficult for retrial judges to change their sentences because of the feelings of the original undertaker. In addition, even if some cases have been protested by the procuratorate, the court has made a judgment in favor of the complainant. However, due to a long time, it is difficult to reverse the implementation and effectively protect the legitimate rights and interests of the complainant. Therefore, the complainant's confidence in applying for protest is insufficient. Fourth, the quality of prosecutors of the People's Bank of China needs to be improved. In the understanding of some cases, there are some problems such as superficial understanding of the law and inaccurate grasp of evidence, which leads to the low quality of protest in some cases. Even protesting mistakes, the image of the supervisor is damaged, which makes the supervised and even the society doubt the authority of the supervision of the People's Bank of China.

Second, the countermeasures

(1) Establish a modern supervision concept and actively participate in social management.

At present, the development concept and mode of procuratorial work of the People's Bank of China are undergoing new changes. Under the diversified supervision pattern with protest as the core, the litigation supervision of the People's Bank of China can adapt to the requirements of the new situation, accurately grasp the constitutional orientation of the legal supervision of procuratorial organs, base on and adhere to the legal supervision attribute, accurately locate the procuratorial function of the People's Bank of China, continuously expand the supervision field and extend the supervision tentacles.

First, establish a correct concept of supervision, give full play to the positive role of civil administrative supervision, so that the broad masses of the people can truly feel the practical role of civil administrative procuratorial work, actively safeguard their legitimate rights and interests, and then promote judicial justice. Civil administrative procuratorial work does not interfere with judicial activities, aiming at maintaining judicial justice and ensuring the normal use and exercise of judicial power and the authority of the legal system through supervision. Taking this as a starting point, we should pay attention to strengthening the supervision of court execution and promote open, fair and transparent law enforcement. From the perspective of immediate supervision and legal supervision, give play to the positive role of the supervision work of the People's Bank of China, and strive to achieve the unity of legal and social effects of procuratorial work.

The second is to establish the idea of daring to supervise and being good at supervision, actively handle protest cases and safeguard judicial justice. Filing a protest is an important way for the procuratorial department of the grassroots people's bank to supervise the civil and administrative trial activities of the people's courts. Under the existing working mechanism, there are often problems such as low efficiency in handling cases and ineffective supervision function of the People's Bank of China. Facing the reality, we should establish the idea of daring to supervise, be good at supervising, adjust the thinking of handling cases, broaden the channels of supervision, supervise from the trial process and judgment results of the court, and actively handle protest cases. At the same time, strengthen communication and consultation with the court, put forward opinions on case review, listen to the opinions of the court, and put forward retrial suggestions according to law. For those who do not meet the conditions for filing a case, patiently and meticulously explain the law to the parties and guide them to appeal and serve their sentences.

Third, perform functions with a brand-new concept, promote social management and improve the level of social management. Social development is changing with each passing day, and new social contradictions emerge one after another. How to serve the overall situation of society and promote social harmony is the main task facing the work of the People's Bank of China. To this end, we break the previous working mode of sitting in the classroom and waiting for meals, overcome the rigid method of simply handling cases and discussing cases by case, put into work with brand-new working ideas, find out the deep-seated reasons that highlight social phenomena, and explore the best ways and methods to solve problems.

(B) innovative mechanisms to standardize litigation supervision and review

In view of the problems and shortcomings in practice, the procuratorial organs should actively explore the law of litigation supervision in line with Socialism with Chinese characteristics, constantly improve the effective mechanism of litigation supervision, innovate the supervision methods, strengthen the supervision means, standardize the supervision procedures, and promote the new progress of litigation supervision. At present, the social structure and interest pattern have undergone profound changes, and many contradictions involving people's livelihood issues have flooded into the judicial field through litigation, making it more difficult to coordinate interest conflicts. Under the new situation, we fully realize the importance of strengthening and improving the legal supervision of civil and administrative litigation, insist on improving the credibility and transparency of the litigation supervision of the People's Bank of China, and constantly innovate, improve and standardize the handling mechanism in the practice of handling cases, so that the complainant can accept the handling opinions of the procuratorial organs to terminate the review with conviction. At the same time, while strengthening supervision, we should pay attention to improving the ability to find job-related crimes hidden behind illegal litigation cases, strive to achieve openness, fairness and justice in the review process, and safeguard the fundamental interests of the people to the utmost extent.

(C) improve the ability to enhance the overall strength of the work

First, lay a solid foundation. In participating in social management innovation, we should focus on serving the overall situation, maintaining stability, paying attention to and safeguarding people's livelihood, adhering to source management, and preventing and reducing social contradictions. In addition, it is necessary to further broaden the scope of supervision, expand the objects of supervision, strengthen supervision functions, update supervision methods, further standardize work procedures and methods, consolidate basic work, and build a platform for effectively resolving social contradictions, so that procuratorial organs can resolve social contradictions more timely and effectively.

Second, actively handle public welfare cases, promote administration according to law, and safeguard the legitimate rights and interests of the people. In the work, we should advocate the sunshine procuratorial work that is close to the masses and serves the people's livelihood, extend the procuratorial guarantee service to the hot areas that the people are most concerned about in time, and strive to provide procuratorial service guarantee for the people's livelihood. Social public facilities are closely related to people's lives, and the due diligence of functional departments directly affects the safety and convenience of people's lives. In view of people's livelihood problems and contradictions, we issued procuratorial suggestions to relevant administrative law enforcement departments, followed up the implementation of the suggestions one by one, went deep into community streets, listened to the opinions and suggestions of the masses, actively offered suggestions to relevant units, and solved difficulties, so that all the problems raised were solved, which received good social effects and won the affirmation and support of the people.