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A Study On Procuratorial Civil Enforcement Supervision

Posted on:2011-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:M L WangFull Text:PDF
GTID:2166330332971795Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
Difficulties and disruption in enforcement of civil legal cases has long been a major problem in China's legal system and is closely watched by China's civil procedural law circles. Absence of appropriate supervision institutions on civil enforcement, especially the lack of procuratorial supervision, has been a major reason for this difficulty. This article intends to start from a discussion of the current situation of China's civil enforcement supervision to analyze the possible ways for civil enforcement procuratorial supervision to alleviate this problem and start an initial probe into basic institutional construction of China's civil enforcement procuratorial supervision system. The existing law sets severe restraints on procuratorial authorities'supervisory power. There are theoretical and practical justifications for this supervision. It is a demand of the principle of balance of power, an important mechanism for procuratorial authorities to carry out their legal duties, and a way to supplement China's incipient enforcement remedy system. The main procedures of procuratorial civil enforcement supervision should include hearing related parties'petition against illegal enforcement practices, procuratorial suggestions, demands to explain inaction.
Keywords/Search Tags:civil enforcement, procuratorial supervision, enforcement remedy, dissent to enforcement
PDF Full Text Request
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