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Try To Talk About Civil Execution Procuratorial Supervision System In Our Country

Posted on:2013-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:H YuFull Text:PDF
GTID:2246330395468162Subject:Law
Abstract/Summary:PDF Full Text Request
At present our country civil enforcement activities of the "difficult to execute, executive disorderly" problem has been quite serious, to promote the field of corruption and bribery, malpractice tort case duty crime in high-risk situation, the crowds to the judicial organ satisfaction straight down, serious damage of justice and authority of civil execution supervision and regulating the activities have become quite urgent and is particularly important. The author in this paper using logic analysis, comparative study, social empirical wait for a method, on procuratorial supervision of civil implementation based on the theory of procuratorial supervision analysis of the present situation of civil execution supervision prosecutorial organization to the necessity and feasibility to conduct a comprehensive system of reasoning, and the civil execution procuratorial supervision system construction put forward opinions and Suggestions.This paper from the preface, text and epilogue three major components, including text and is divided into five parts.The first part is the civil execution the theoretical foundation of the procuratorial supervision. Through the procuratorial supervision of civil implementation concept, characteristics and legal foundation are discussed, and clear the procuratorial organs to exercise supervision of civil implementation activity theoretical basis.The second part is the our country civil execution the present situation of the procuratorial supervision. Through the elaboration of the present stage our country civil execution existing in the procuratorial supervision of the defects and the insufficiency, clear the future procuratorial supervision of civil execution reform and perfect key.The third part is to strengthen the civil execution the necessity of procuratorial supervision. From power check and balance theory, the procuratorial organs properties, make up for supervision and defect, contain execution the mess, perfecting the executing mechanism, make up for the deficiency of relief terms of strengthening procuratorial supervision of civil implementation necessity. The fourth part is to strengthen the civil execution feasibility of procuratorial supervision. First of all, demonstration by procuratorial organs exercise of civil execution supervision has a legal basis and policy basis and obvious advantages; Secondly, in a foreign civil enforcement procuratorial supervision under the guidance of advanced experience, our country has accumulated quite a number of civil execution of procuratorial supervision practice foundation. Thus shows that the procuratorial organs exercise of civil execution supervision is feasible.The fifth part is the perfect recommendation prosecutorial supervision of civil enforcement system.First of all to perfect legislation from the level of civil execution guide the construction of procuratorial supervision system, in order to ensure the legitimacy of exercise supervision; Secondly must set up the correct supervision idea, to ensure the integrity of the exercise supervision; Once again need to clear the supervision of the basic principles, the scope, power and concrete way, to ensure the effectiveness of the exercise supervision.
Keywords/Search Tags:civil execution, Procuratorial supervision, Necessity, Feasibility, System perfection
PDF Full Text Request
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