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Discuss On The Procuratorial Supervision Of Civil Execution

Posted on:2011-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiFull Text:PDF
GTID:2166360308955165Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Existing civil enforcement of "the implementation of chaos", "difficulty in enforcement" and other problem has an impact on economic development and social order of the chronic illness, the reasons for this situation are many, one of the major reasons is lack of inspect from supeivision. This paper to explore the implementation of norms of civil rights the best way to run and fill the gaps in national legal supervision system as a starting point, the construction of our Civil Procuratorial rational analysis system issues. The author believes that building inspection and supervision of civil implementation in our country has not only the basis of the existing theory, but also the urgent need for practical. This system can help to regulate the operation of the civil enforcement power, and thus to overcome the existing civil practice problem of "implementation of the difficulty," "implementation of the disorder" ; contribute to the realization of justice, then promote the rule of law in the building process.This article is composed of three parts, the introduction, body and conclusion. And the body is divided into four chapters.Chapter I General Civil Procuratorial study. Study of the problem, the concept is the basis for the implementation of inspection and supervision of civil and clarify concepts of difference and the existence of confusion can be resolved. Conceptual analysis, we understand that there is oversight of the system of rights and jurisdiction, supervision and efficiency of the conflict question, the chapter on the above issues are analyzed and the theory, legislation, practice, summed up the three aspects of the establishment of the system of our current plight.Chapter IIfor civilian implementation monitoring system set up by the necessity and feasibility analysis. The establishment of Civil Procuratorial system is to solve "the implementation of disorder" phenomenon and the complete implementation of the existing monitoring system of civil urgent need. The system is established based on both theory, but also the basis of practice.Chapter III of the Civil Prosecutorial Supervision of concrete construction. Supervision exercised by the prosecution which? How to start Supervision? This is the establishment of the system must first be resolved. To avoid affecting the exercise of jurisdiction over the prosecution of the civil implementation of the act to define the scope and methods of supervision is particularly important.Chapter IV discusses the prosecution in civilian oversight of the implementation of the power settings. To ensure effective implementation of this chapter, the realization of supervision as a starting point, from the perspective of the Prosecution Authority, discussed the reconstruction of the hearing the prosecution and the court right outside the investigative power, the power to take coercive measures and the power to investigate criminal acts.
Keywords/Search Tags:Civil Enforcement, Inspection and Supervision, System Construction
PDF Full Text Request
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