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The Source Justifiability Of Supervision Right Of Civil Protest And Its Institutional Reconstruction

Posted on:2008-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:H TangFull Text:PDF
GTID:2166360242957197Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Supervision of Civil Protest means suit activities claimed by the People's Procuratorate according to its legal superintendence right to require rehearing of a civil case by People's Court of the same level when the Procuratorate consider that the applicable civil decision or adjudication of the Court towards the case is at fault. It shows the characteristics of China's judicial system. Significantly, it is different from the prevailing Civil Prosecutorial Supervision system of the two major judicial systems. Since the establishment of the system in China, it has been disputed for a long time in theory and in judicial practices. Serious divarication on abolishing or strengthening the Supervision of Civil Protest has taken place due to the lack of theoretical basis and the guiding ideology of legislation. Supervision of Civil Protest has played a certain role in practice, however, it damaged the effect of supervision on the judicial operations and weakened its supervision over the operation of protecting the right of agent concerned to appeal due to the imperfect of the judicial system. Therefore, demonstration and theoretical study on the source of supervisory right of Civil Protest is very necessary because the justifiability of the right can thus be proved. Meanwhile, reconstruction of system should be performed in view of the loopholes in China's Supervision of Civil Protest. In this paper, the source of supervisory right of Civil Protest is investigated and the necessity of existence of the system is analysed and proved. After the theoretical analysis, this paper will supply the system reconstruction of China's Supervision of Civil Protest by consulting the development history of the system as well as the foreign-related systems under the comprehensive guiding ideology of legislation.This paper is divided into seven parts. The first part is the review of research topics in this paper. The content is mainly based on the difference and sameness of legislation on civil supervision at home and abroad, and a summary of the domestic research findings. The research insufficiency in this field is brought forth in this way, and the important issues and innovations in the research of the author is supplied. From the second part, a new concept of Supervision of Civil Protest is presented. The relationship between Supervision of Civil Protest and Civil Prosecutorial Supervision is discussed and it is shown that they do not belong to a same concept. In addition, the function of Supervision of Civil Protest is introduced. The third part compares the legislation modes of Civil Prosecutorial Supervision in the two major judicial systems and in Russian judicial system from the point of view of comparative law. The reason of the difference of legislation mode is discussed. Part four inspects the current status of Supervision of Civil Protest in China from the legislative and judicial practices. It also pointed out the shortcomings of the system. The fifth part performs some key theoretical analysis on the justifiability of the source of supervision right of Civil Protest. It is proved that the Supervision of Civil Protest should be kept from the aspects of judicial supervision, practical demand and so on. Based on the presented five parts, part six supplies the specific suggestions on the Reconstruction of Supervision of Civil Protest according to the advanced guiding ideology of legislation. Part seven is the complete draft of legislative proposals on the Supervision of Civil Protest.
Keywords/Search Tags:Supervision of Civil Protest, Civil Prosecutorial Supervision, Source of right, necessity, Guiding ideology of legislation
PDF Full Text Request
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