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The Theory Of Civil Execution Procuratorial Supervision System

Posted on:2013-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:G YangFull Text:PDF
GTID:2246330374489727Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, China’s civilian implementation of the endless difficulty in enforcement and implementation of chaos "phenomenon intensified. Many valid judgment can not be effective implementation of civil enforcement procedures become common knowledge, public confidence in the law has also been a huge blow. Civil implementation "and" implementation of chaos "for a long time, have long plagued China’s legal theory and practical circles of problems. Had the view that local protectionism is the main reason leading to these problems, this central authorities also issued specific documents requiring local administrative authority shall not interfere in the implementation of the Court. In fact, its existence can not overcome the drawbacks and the lack of external oversight is the difficulty in enforcement and implementation of chaos "the root cause. China’s current legislation, still exist in the civilian implementation of the supervision of an obvious blank. Therefore, the strengthening of theoretical research and legislative research, and establish a sound and viable civil implementation of the supervision and the legal system is the important task of our legislation.This article will use comparative analysis of empirical research methods in the analysis of the currently exist in the civilian implementation of the main issues on the basis of analysis of the nature of executive power and procuratorial power of civil discourse civil implementation of the Inspection and Supervision of the reasonableness and necessity, and system of the concrete ideas.Introduction, body, Conclusion, in which the body consists of four parts:The first part focuses on analysis of current situation and existing problems of China’s civil cases, execution and civil cases in the implementation of supervision, and China’s existing civil oversight ways to do about the introduction and analysis.The second part focuses on the status of the Civil Execution procuratorial supervision system and the problems, discusses the establishment of civilian implementation of the supervision system of the Prosecutor-General of the theoretical controversy, the concept of disorder, the absence of legislation. And existing in China’s civilian implementation of the procuratorial supervision system were probably discussed and analyzed.The third part analyzes the theoretical basis of the establishment of the civilian implementation of the procuratorial supervision system, mainly from its legal basis and practical basis, as well as abroad, the legislation aspects are discussed and analyzed.The fourth section presents specific ideas to build our civilian implementation of the procuratorial supervision system, the main contents include the basic principles of supervision and scope of jurisdiction and the specific mode of supervision four, and describes the specific procedures for the operation of the civilian implementation of the procuratorial supervision system.
Keywords/Search Tags:civil enforcement, prosecutorial supervision, executive decision, execution implementation power
PDF Full Text Request
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