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Discuss On The Procuratorial Supervision Of Civil Execution

Posted on:2012-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z TianFull Text:PDF
GTID:2166330335972166Subject:Law
Abstract/Summary:PDF Full Text Request
The problem caused by the difficultly in executing the civil case is a chronic disease in the judicial practice. The reason is that the implementation of the current civil exposed more and more problems, showing the reality of the implementation of the civil status of implementation of the system and construction inspection and supervision system of civilian implementation of the gap between the ideal state, causing widespread concern in the community. Carrying out the civil case is not only one problem to influence the people's court execution ability and justice realization. It is also a problem related with carrying out law course and people's trust degree to judicial fair. The current civil procedural law provides the principle that the prosecutorial organization supervises the civil trial, but it doesn't regulate if the prosecutorial organization should supervise the civil execution, which leaves a blank space in the setting of external supervision mechanism. We should be clear that the civil implementation of supervision, to build a sound system of inspection and supervision of civilian implementation.The first part is an overview of the civil implementation of inspection and supervision. First introduced the civil rights and civil prosecutorial power implementation of the basic theory, pave the way for the analysis of topic. Then he introduces the implementation of the French and Russian civil inspection and supervision system, which leads to the implementation of inspection and supervision of Civil origin lies. The second part is to give the prosecution of civil implementation of the value of supervision. Mainly from the legality, legitimacy, and three aspects of the need for prosecution of civil execution of the value of supervision, were analyzed in the Legislation Law, the balance of power theory, to resolve civil cases, "the implementation difficulties", "implementation of chaos The real need to ensure unity of law and curb corruption, protect the legitimate rights and interests of the parties, and several angles. The third part is the implementation of inspection and supervision of Civil Status and causes. First introduced in the civil judicial practice implementation problems:"the implementation of chaos" and "implementation difficulties", and further reveals the prosecution in civil activities, monitoring the implementation of the adverse situation, comprehensive analysis of the main reasons for these phenomena result obtained. The fourth part of the article is the focus of this article:Prosecutorial Supervision of Civil Execution System. Implementation of inspection and supervision in building a civil system should follow the basic principles of the foundation, from the supervision of the prosecution of the Civil Execution start, scope, approach, specific procedures and the implementation of the prosecution in civil rights protection in the inspection and supervision were discussed such issues as, also made a number of provisions recommendations.
Keywords/Search Tags:Implementation of inspection and supervision of civil, Legitimacy, Reasonable, Necessity, System construction
PDF Full Text Request
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