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On Civil Prosecutorial Supervision

Posted on:2005-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:H F ChenFull Text:PDF
GTID:2166360155467832Subject:Law
Abstract/Summary:PDF Full Text Request
It's not long since the civil prosecutorial supervision system was established in our country, but it might have possibly become one of the judicial systems most disputed by people in our country at present. From the form and scope of the civil prosecutorial supervision to the nature and effect of the civil prosecutorial supervision and even to the survival and abolition of the system itself, there are quite a few inconsistent opinions. There exist two completely contradict viewpoints in both the jurisprudential circle and judicial practice circle, one viewpoint holds that the civil prosecutorial supervision system goes against the characteristic solely owned by the civil lawsuit, and it's impossible to solute a series of contradictions caused by the system; while the other viewpoint holds that the civil prosecutorial system is an important means to maintain judicial justice and judicial authority, and it shall not be abolished, but shall be further strengthened and perfected instead. This thesis, starting from the viewpoint of modern civil lawsuit idea, rationally treats the civil prosecutorial supervision system and the dispute about its survival and abolishment. The modern civil lawsuit idea lays emphasis on both the substance and procedure; it emphasizes not only the justice to the substance, but also the justice to the procedure; and the prosecutorial supervision system can play an indispensable role in ensuring the justice to the substance and the justice to the procedure. The civil prosecutorial supervision does not conflicts with modern civil lawsuit idea, so it should not be abolished; it should be strengthened and perfected in some aspects, on which basis the civil prosecutorial supervision design has been raised.
Keywords/Search Tags:Civil prosecutorial supervision, modern civil lawsuit idea, system design
PDF Full Text Request
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