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Discuss On The Procuratorial Supervision Of Civil Execution

Posted on:2009-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:W FengFull Text:PDF
GTID:2166360272965086Subject:Law
Abstract/Summary:PDF Full Text Request
The problem caused by the difficultly in executing the civil case is a chronic disease in the judicial practice. Carrying out the civil case is not only one problem to influence the people's court execution ability and justice realization. It is also a problem related with carrying out law course and people's trust degree to judicial fair. The current civil procedural law provides the principle that the prosecutorial organization supervises the civil trial, but it doesn't regulate if the prosecutorial organization should supervise the civil execution, which leaves a blank space in the setting of external supervision mechanism. We should make it clear that affirm the procuratorial organ's supervision power over execution, and set up the system of it.First,the article is the general introduction of the procuratorial supervision of civil execution. It introduced the concept and features of the procuratorial supervision of civil execution, and analyzed its current situation. Secondly, the paper demonstrated its necessity to set up the procuratorial supervision of civil execution. The necessity is discussed from four points: The implementation of civil chaos to resolve the practical needs and improve the implementation of An Wairen rights of the parties and the inevitable demand of relief, establish a scientific and civilian implementation of the objective needs of the system of supervision to ensure that the legal unity, and correct implementation, the need to safeguard judicial justice. Third, analysis of its feasibility of the procuratorial supervision of civil execution. It has a legal basis, according to the law and the successful experience of foreign countries for reference. Finally, on the procuratorial supervision of civil execution system of the building. In introducing the Construction of the procuratorial supervision of civil execution system should follow the basic principles on the basis of supervision on the start-up, scope, approach, the specific procedures and procuratorial organs in a procuratorial supervision of civil execution of the terms of reference and other issues were discussed.
Keywords/Search Tags:Civil execution, Procuratorial supervision, Necessity, feasibility, Construction
PDF Full Text Request
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