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Study On Procuratorial Supervision On Civil Execution

Posted on:2012-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhengFull Text:PDF
GTID:2166330335980099Subject:Procedural Law
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Under the concept of the rule of law, in order to protect the rights of citizens, our country civil enforcement procuratorial supervision's birth and development is complied with the judicial reform. It accords with power supervision and the power requirement. In theory and judicial practice, the civil procuratorial supervision mainly aimed at the civil case that after adjourn. But in civil enforcement, the civil procuratorial supervision's research at the exploration stage. However, the reality is not allow us to ignore, "difficult to execute" and "execution is random" is objective existence. Their reasons are different, but about the people's court enforcement illegal, execution not have standard, and negative attitude, not to execute the and so on. "Difficult to execute" and "execution is random" not just influence the court the prestige of the force, but also obstacle realize the ruled society .The court in order to safeguard judicial authority, adopt self supervision mechanism to regulate the court execution .However, with the rapid development of market economy and civil cases, the people's legal consciousness is increasing, people and other social organizations of the private rights protection consciousness also gradually increases. The civil enforcement internal supervision mechanism in question. Court supervision mechanism lack of transparency, can not give what fairness and justice. Civil enforcement present situation, the supervision of civil enforcement situation makes the social give high attention. Now most scholars dispute that whether the people's procuratorate have right to supervision civil enforcement activities? Can This supervision mechanism play fundamental role? This essay hopes to discuss the people's procuratorate of supervisory functions and procuratorial power and so on , to draw the conclusion, the civil enforcement supervision is legitimate. .Based on the basis of theoretical study and combined some specific data and case, to Further research for this mechanism.Article's introduce is original intention. The reason is civil enforcement problems make people's legal rights not guaranteed. In order to safeguard judicial authority, Court, Party committee, National People's Congress, join in civil enforcement supervision. But these supervision exist defects, not the most ideal supervision ways. So the most crucially, introducing a kind of external powerful supervision mode to supervise civil execution "difficult to execute" and "execution is random".
Keywords/Search Tags:The procuratorial supervision function, The procuratorial supervision, Prosecutorial supervision ways
PDF Full Text Request
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