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Legal Research On Prosecutorial Supervison Of Civil And Administrative Execution

Posted on:2008-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:L Q ChenFull Text:PDF
GTID:2166360242959145Subject:Law
Abstract/Summary:PDF Full Text Request
Adjudicate and execution are the most important phase in the whole civil proceedings.Adjudicate affirms the rights and duties of parties in lawsuits and protects the legitimate rights and interests of parties who are encroached,but the fair adjudication may not necessarily realites civil rights,which needs rely on execution,especially lawsuits of property payment.As a last contenious procedure,executions is a functional act through which adjudication organizations can realize effective legal instruments according to adjective laws.Social relations and good public order can be established through proper execution,while illegal execution will violate justice and damage public order.At present,our country hardly has legal system of supervision over execution,although it is harmful to execution.It is absolutely necessary to perfect legal system of supervision over execution.The civil prosecutorial power is a power of legal supervision stipulated by the constitution,whose scope involves every link in civil procedural law.Civil and administrative execution should accept supervion by prosecutorial organizations,which is ought to be affirmed and practised.Now the civil prosecutorial supervison on civil and administrative execution dose not lack the systematic stipulations,but also suffer surncount numerous abstract.If the civil prosecutorial supervision can not be practised effectively,justice of judicature will be influenced.For this reason,the society appeals for the forced execution legislation.It is a realistic need to vest prosecutorial organizations with civil prosecutorial supervision power and construct related supervision procedure for constructing the harmonious society.
Keywords/Search Tags:civil and administrative execution, prosecutorial supervison, judicial attribution, legislative style, rational analysis, system construction
PDF Full Text Request
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