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On The Supervision System Of China's Civil Prosecution

Posted on:2008-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z F YuFull Text:PDF
GTID:2206360245959927Subject:Law
Abstract/Summary:PDF Full Text Request
That the procuration supervise the civil trail is one of the established principles of civil lawsuit, which provide legal basis for the civil inspection and supervision. According to the present law, protest against valid verdict is the only way for civil inspection and supervision, so the civil inspection and supervision become one-sided"afterwards supervision". In addition to the stipulation about civil protest is inflexible and lacks feasibility. Meanwhile procuration and the court issued contradictory judicial interpretation, which will slow down the efficiency.. The system of inspection and supervision have weakness in legislation and practice, which caused heated discussion among academy and institution. Enforcement, weakening, and abolish have been suggested.The author argues that the existence of inspection and supervision is reasonable necessary neither from legal principle point of view nor from the present legal situation point of view. Though there are weakness and drawbacks in the system, these problems can't be the reason for abolish the system.. we can learn from foreign country's useful experience under our present law framework to continue improving the civil inspection and supervision system.
Keywords/Search Tags:the civil inspection and supervision, legislation limitation, perfect assumption
PDF Full Text Request
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