Civil Execution Surveillance's Basic Theory Of Law And Programming

The inspection and supervision of civil litigation related to judicial independence, the party's powers, law review, and many other aspects of the relationship, whether academic or judicial practice, this concern and discussion led to some controversy and reform. Only existing Civil Procedure provides for the prosecution decision in effect ruled that there can be errors protest, others, such as community supervision, the court's own supervision, and inspection and supervision were not essential for the implementation of specific and detailed provisions. Implementation is the final part of the implementation of Litigation, this stage of the process embodied justice and justice better than any previous one with fewer links. Due to various factors, the civil implementation of the phenomenon, there are many violations of law. Ever heard the voice of reform. Although many courts have been established in China a special case of the implementing agencies to fully responsible for the implementation of legal instruments, and also academics and practitioners in the implementation of the chaos of reality and explore difficult issues such as implementation, trying to establish an effective way, so that the implementation becomes more specialized and efficiency, but because of the lack of viable legal basis and specific operating procedures, implementation, there are still many problems. These problems need to improve and monitor the system to strengthe both prevention. As the Constitution clearly stipulates the legal supervision department's.Procuratorate problems for the implementation of the necessary supervision, prevention, or "settling problems with the already" is necessary, as long as is reasonably within the scope of supervision is not pre-empt worthwhile to promote an effective measure. It is hoped that by drawing this foreign legal system inspection and supervision on the implementation of the theory and practical experience, based on the status of China's political and legal system, establish a relatively complete implementation of a viable inspection and supervision of civil procedure. Civilian implementation of the inspection and supervision system was established theory and practice related to all aspects of the problem is more complex, in a limited space can not do everything in a detailed argument, this article only discusses why and how in our establishment of a viable and effective civil implementation of monitoring system and the problem is most closely associated with them to start on. Attorney for the establishment of civilian implementation of the proposed system of legislative and judicial oversight of some of the proposals made more systematic and complete inspection and supervision of civil implementation of program design and conduct a more adequate argument.This total of two thousand words, in addition to the introduction and conclusion is divided into two parts, nine small part. Following major elements:The first major part: Establishment examination surveillance's realistic foundation and theory basis. Divides into several aspect below specifically:Partâ… :Question statement is the question which our country carries out exists. Around first, the synopsis present "Civil procedure law" implements the related execution existence"to carry out chaotic"and"carries out difficult"and so on questions and the origin.Partâ…¡:These questions possibly create the harm to the litigant and the formidable sponsor, but our country's execution relief system also has the insufficiency, present's relief system is insufficient to protect the litigant and the formidable sponsor's rights and interests, needs to examine the surveillance to make up safeguards litigant's legitimate rights and interests execution to be final.Partâ…¢: Surveillance's present situation actually worrying. The court internal surveillance has itself to supervise own logical paradox, the potency is weak, the outside supervision actually as a result of lacks the corresponding laws and regulations, but also imperfect.Partâ…£:establishment inspection surveillance's necessity and pressng. No matter is theoretically, regarding law existence understanding difference, practices exists examines the law two conflicts, requests us to establish the effective supervising mechanism as soon as possible, and carries out the question which involves is various, solves is not good has the bad social efficiency, like former Chongqing Execution Bureau Chief Wu Xiaoqing the document exposes the crime by taking advantage of duty the gravity, inspects the inspector general to be imperative.Partâ…¤: Inspection surveillance's legal principle theory of law foundation. Discussed our country regime to decide the court had no alternative but to receive any surveillance to exercise independently places on trial and carries out the authority, it needed the essential reasonable outside supervision is the authority restriction request inevitably. The examination surveillance has "Constitution", "Civil procedure law" and so on legal legislation original intention supports, has the reasonable legal principle theory of law foundation. This is also civil carries out the power nature intrinsic request.Partâ…¥:This should profit from various continental methods country the experience, compared with the fit and unfit quality and the similarities and differences, uses for reference by the time suits our country's control system.Partâ…¦: The civil execution examination surveillance faces the theory difficult problem and dispels doubt. From the civil execution inspection surveillance with litigant's autonomous right, the examination surveillance and the jurisdiction independence, the public welfare lawsuit elaborated to inspects the surveillance to enter the civil action to have dispute many questions, and examines the law in view of Procuratorial agency's localization to originally theory barriers and so on difference which also exists on the defective legislative understanding, proposed their viewpoint, elaborated the civil execution examination surveillance is not only must, moreover is feasible.The second major part: For our country civil execution examination surveillance's legislation perfect and concrete programming.Partâ…§:Legislative suggestion aspect. First, designed has taken the instruction the inspection surveillance's principle. Next, to has the different meanings "Civil procedure law" 14 is clear, establishment surveillance's department law basis. And makes concrete to the civil execution examination surveillance's object, the scope, the Procuratorial agency supervises investigation aspects and so on deadline.Partâ…¨: The programming separately aimed at the concrete surveillance way to design the suitable situation, the suitable way, the court coordination and processing and so on, suited our country's regime and the national condition as far as possible, guaranteed the examination surveillance's effective execution.