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Study On Proseeution And Supervision System Of Civil Implementation

Posted on:2012-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:X H HuangFull Text:PDF
GTID:2246330377454894Subject:Law
Abstract/Summary:PDF Full Text Request
Justice is the goal of the judicial system, and it is the source of strength which to depend on.A fair trial must be fair execution as a happy ending, effective civil enforcement of civil judgments is the actual cash and it is an important measure of the fairness of the judicial standards. Injustice of Implementation is a pollution of justice, if it can not be timely and effective correctied, it will shake and corrosion the foundation stone of the law.Today,"the implementation of chaos","difficulty in enforcement," the justice of our ills has seriously hindered the process of building the rule of law, the court system’s inability to reverse the system of internal constraints of such a situation, the Supreme Court is the judicial interpretation by the introduction of a variety of ways Attorney General Attorney General’s office rejected the civil enforcement authorities to monitor the implementation of actions, making it impossible to solve the root problem of,"the implementation of chaos" and "implementation difficulties. Breakthrough in the implementation of inspection and supervision system of civil legislation facing the unknown, and lack of legal norms theorists, the concept of judicial error in understanding the barriers, the establishment of China’s civil enforcement mechanism to monitor the external constraints-the civilian implementation of the reality of the need for inspection and supervision system has become increasingly prominent. In this paper, I have investigate the current situation of implementation of inspection and supervision of China’s civil status, analyze the necessity to establish the civilian implementation of the inspection and supervision system, then combined with the recent implementation of the prosecution to carry out inspection and supervision of civil work and my own experience gained from the practice for the civilian implementation of the inspection and supervision of cases, I have took a series of system concept.This paper is made up with the introduction, body, conclusion, the body part is divided into three chapters. The first chapter is to investigate our civil status about the implementation of inspection and supervision. By this way and combined with the prosecution in the civilian implementation of the practice to carry out inspection and supervision of their own beneficial for exploration and implementation of civil complaints, I analyze the current civil "implementation of chaos",’difficulty in enforcement,", the defect and attitudes of inspection and supervision of China’s civil enforcement operation.Chapter2demonstrate the necessity of implementation of a inspection and supervision civil system.Through the definition about the implementation of inspection and supervision system of the civil concept, I analyze the characteristics. Civil enforcement powers of the authority property must accept the decision of its corresponding supervision, and the court system’s internal oversight escape the "difficult to apply on their own side to expose a short law", but the actual effect is not ideal, civilian implementation of the inspection and supervision system as the last barrier of the executive power, can minimize and eliminate the "executive disorder" phenomenon, and to ensure fairness and efficiency of implementation, this system has already built on the basis of our Constitution and legal procedures involved in a lawsuit.The last chapter is to build our system of civilian implementation of inspection and supervision of specific ideas. To establish the civilian implementation of inspection and supervision system, we must first establish the range of supervision and the principle, next to make sure the methods of supervision.then the program should also be designed accordingly, and finally the appropriate safeguards should be established a mechanism to ensure that the civilian implementation of inspection and supervision system could rightly and effectively be operated.
Keywords/Search Tags:civil enforcement, procuratorial supervision, be carried outin disorder, establish a system
PDF Full Text Request
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