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The Role Of Procuratorial Organs In China's Civil Action

Posted on:2006-06-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:D W PanFull Text:PDF
GTID:1116360152988029Subject:Procedural Law
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This essay endeavors to quest the cognition and the orientation of the role of the prosecuratorial power in civil litigation. The author attempts to start with the theoretical problems such as the character and function of the prosecuratorial power, observe and study the essence, orientation and functional mechanism of the prosecuratorial power in civil litigation. Based on these analyses, the author presents the fundamental notions to consummate the civil prosecuratorial supervision. The proposition of this essay is that the power of the prosecuratorial agencies actually is kind of power of legal supervision; the existence of this power of legal supervision reflects the requirement to restrict the power not only in theory but also in the practice of the civil litigation. However, in the process of the intervention of the prosecuratorial power into the civil litigation, we must consider the mutual relationship among the prosecuratorial power, judicial power and the litigation right of the litigant, and therefore search for the orientation of the reasonable role for the prosecuratorial power in this mutual relationship. And then, based on the orientation of the role, the author deems that the relevant system and mechanism must be established to consummate the function of the prosecuratorial power as the power of legal supervision, especially through the civil protest system, civil indictment system, as well as the prosecuratorial supervision in the civil execution and so on.First of all, we need to search for the basis on which the prosecuratorial power intervene the civil litigation. Therefore, the title of Chapter I is the basis of the intervention of the prosecuratorial power into the civil litigation: connotation and character of the prosecuratorial power. This chapter firstly introduces the general process and reasons that the prosecuratorial system occurs and develops in the western world as well as in China. And then the thesis explains the connotation of the prosecuratorial power and the debates thereof in the academia. Based on the foregoing, the analysis of the connotation of the prosecuratorial power spreads from the angle of the constitutionalism. The author considers that the prosecuratorial power under the premise of the contemporary politics and constitutionalism actually is kind of power of legal supervision.The Chapter II exercise the research means of comparative law to review the role of...
Keywords/Search Tags:Procuratorial
PDF Full Text Request
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