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Civil Jurisdiction Oversight Study

Posted on:2009-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:M H LiFull Text:PDF
GTID:2206360248954338Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The courts have power to exercise civil jurisdiction which adjudge the question of fact and the legal proposal about the parties in dispute in order to maintain the final power on the value of law. Nowadays, the people in China are aware better of the importance and necessity when ruled by law to the political and social life than before. The discussion about several issues on civil jurisdiction involves the power's disposition in the implication of the rule by law, and are related to the power's realization and safeguard. The admonition it is the easiest ting that power out of control leads to corruption, tells us that power out of control will certainly come to an end of a stretch of power even if the purpose of civil jurisdiction is the maintenance of social justice. Precisely because of it, all kinds of mechanism of supervision are set up to make sure of the normal and orderly exercise of civil jurisdiction. At present, the supervision means of civil jurisdiction in our country aremany and varied. But the so manifold supervision of civil jurisdiction doesn't meet the people's demand for impartial trial. On the contrary, it make the phenomenon of judicial corruption occur time and again. Therefore, it is the major issue during the construction of the country governed by law to rethink the existing supervision system of civil jurisdiction profoundly and to improve and perfect it. Being short of the necessary theoretical angle of view and the depth of our country are always been on the micro-field's research of counter measures. For example, in most cases, the people in the circles of law composed mainly of the National People's Congress (NPC) and the standing committee of the NPC, the procuratorates and courts etc, research the supervision of civil jurisdiction from the micro-angle of view, but they ignore inquiring into macroscopic system-legal theory. As a result, we can't give systematic theoretical cognition to the reform and practice of civil jurisdiction's supervision system. The author will analyze the exactness of the supervision system of civil jurisdiction in our country through the visual angle of theory and practice, and put forward some improving and perfecting suggestion according to the disadvantage of the existing supervision system.
Keywords/Search Tags:Civil jurisdiction, Jurisdiction independence, Impartial trial, Jurisdiction supervision
PDF Full Text Request
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