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The Reflection And Reconstruction Of Our Country's Civil Prosecutorial Supervision System

Posted on:2012-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2166330338995028Subject:Procedural Law
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The civil prosecutorial supervision system is one of the important parts of civil litigation system,and has important theoretical significance and practical value, major countries of continental law system and common law system all make relatively perfect regulations.The civil prosecutorial supervision system makes the balances theory and state intervention theory as its theoretical basis,and has played an important role in achieving judicial fairness, safeguard judicial authority, safeguard public welfare, promote uniformity.However, in our country, because the civil prosecutorial system of supervision provisions which made in our present civil procedure law and judicial interpretation are too simple and fuzzy, plus the theoretical aualyses also does not have enough attention, resulting in judicial practice lack of unified standards, specific operation is chaotic, problems emerge.Therefore, the reform and perfection of our civil prosecutorial supervision system has the necessity and urgency.This article makes "the reflection and reconstruct of our country's civil prosecutorial supervision system"as its theme,using comparison analysis methods,making a comprehensive research on the civil prosecutorial supervision system, and in this foundation,proposing some concrete ideas about how to reconstruct the our country civil prosecutorial supervision system.The author expects to produce certain directive significance on our country's judicial practice of the civil prosecutorial supervision activities .There are four major parts in this essay. The first chapter is basic theories of the civil prosecutorial supervision system.This chapter makes a connotation of the civil prosecutorial supervision, analyzes the object and value of the civil prosecutorial supervision,and expounds its theoretical basis in detail.The second chapter is the comparative study of two main legal systems' civil prosecutorial supervision system.This chapter firstly discusses civil prosecutorial supervision system of two main countries in detail.And on this basis,the author focuses on the analysis of two civil prosecutorial supervision systems' differences,and makes a clear judgment about the development of civil prosecutorial supervision system ultimately. The third chapter is the situation's reflection of our country's civil prosecutorial supervision system.Firstly,from the three aspects of first constitution, laws and judicial interpretations,this chapter makes a macro description about the current legislative regulations,and make a detailed analysis of the civil procedure law's change.Then,the author makes a detailed analysis from the formulae of judicial concepts and theoretical research, the existing problems of the legislation,and the problems existing in the judicial practice .The fourth chapter is the ideas of reconstructing China's civil prosecutorial supervision system.This chapter is very important,beginning from updating philosophy aspect,the author put a view about changing the thought of people governance,establishing the guiding principle of correcting mistakes carefully and strengthenning the theory research of the civil prosecutorial supervision.Secondly, from the aspect of standardizing lawmaking,we should make detailed and reasonable modification and supplement.It not only makes the civil prosecutorial supervision operation barriers,but also has strong maneuverability.Finally,through the reform of judicial,we should emphasize the cooperation and communication between official organs.Through improving judicial personnel's quality,the operation of civil prosecutorial supervision system will have a good judicial environment.
Keywords/Search Tags:Civil prosecutorial supervision, Procuratorial organs, Correct mistakes carefully, Civil public prosecution
PDF Full Text Request
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