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On The Perfection Of Regional Jurisdiction System Of Civil Execution In China

Posted on:2014-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2176330425479147Subject:Procedural law
Abstract/Summary:PDF Full Text Request
Cases after the trial into the implementation of the program, it is often met with greatdifficulties in practice, the difficulty in enforcement has become an important issue in ourjudicial work. Crack this subject, the first breakthrough is to start the implementation of theprogram of implementation of jurisdictional issues. Current legislation and judicialinterpretation on the implementation of the terms of the jurisdiction of a total of less thantwenty, there are very few legislative scarce. Applicable to only a limited number of theexecution of the jurisdiction of the terms in order to solve all enforcement cases, to performand the way can be imagined. Our system on the execution of the jurisdiction and the relevantprovisions of the missing, and its lack of understanding of the theory have a material adverseeffect on our current implementation progresses. This paper attempts to explore themechanisms of our the perfect execution geographical jurisdiction system starting from thegeographical point of view of the implementation of an attempt from the geographicaljurisdiction of this microscopic perspective, provides a useful exploration to crack the subjectof the implementation of difficult.An Analysis of the implementation of territorial jurisdiction system, divided into threemain parts to this article. In the first part, the author used the method of comparative analysisto you a brief overview of the basic concepts of the implementation of territorial jurisdiction,in real terms, and analysis of the implementation of the concept of territorial jurisdictionshould further departure from the legal point of view, this problem perform geographicaljurisdiction can form more in-depth understanding. In the second part of the text, in the firstlevel of this section, the author focus from the three aspects of the legislative, executive,concept introduces the status of implementation of territorial jurisdiction encountered. Thesestatus quo mainly to imperfections in the law has not been a corresponding system,inter-regional implementation of the encounter bottlenecks in their implementation, trialexecution, regardless of the three aspects of the concept. In the second level of this part, theauthor from these two aspects of the macro-and micro deep-level multi-angle analysis of theissue of the implementation of the system of territorial jurisdiction where, specifically in thescattered legislation, a single connection point, repeated filing, preservation and inconsistentwith the implementation of the Court as well as local protectionism five analysis of the current implementation of the main problems in the field of territorial jurisdiction. In the thirdpart, how to build and improve the current system of our implementation of territorialjurisdiction to become some of the most important content. In this section, the author attemptsfrom increased jurisdiction join the unified system of territorial jurisdiction, the objection tothe jurisdiction, to choose jurisdiction and concurrent jurisdiction, jurisdiction over thecontroversy four perspective, efforts should or may occur in the process of implementation ofthe territorial jurisdiction seeking solution.Finally, I focus on interpretation of the question of convergence of the preservation of thepeople’s court and the implementation of the People’s Court, a brief summary of the meaningand purpose of writing, and the writing of this article.
Keywords/Search Tags:Execution, Region, Jurisdiction, Efficiency
PDF Full Text Request
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