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On The Prosecution In A Civil Rights Investigation And Verification

Posted on:2015-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:M C ZhangFull Text:PDF
GTID:2266330428485062Subject:Law
Abstract/Summary:PDF Full Text Request
The investigation and verification rights in civil procuratorial work, is a concrete manifestation of super given by constitution."No investigation, no right to speak", making a thorough investigation into facts is a premise to determine the correctness of judgments and existence of unlawful acts in courts. The investigation and verification rights of procurator ate includes two kinds. The one is to investigate related facts for civil protest or the civil case inspecting suggestion. The other one is to make an illegal investigation into the court and its staff. Based on two different sources of power, the two kinds have different uses and emphases, but generally share the same essence. The investigation and verification rights of procurator ate has necessity of start-over, neutrality of status and other characters.There are different voices for the investigation and verification rights of procurator ate in theory circle and judicial practice. That mainly because the relation between the evidences provided by procurator ate as a national public authority and the evidences obtained by the civil litigants. This is also the reason that procurator ate have not fully functioned on civil proceeding. The New Civil Procedure Law confirmed procuratorial superintendence and its investigation and verification rights in the form of law for the first time. The investigation and verification rights in civil procuratorial work should be to supervise public power, not to relief for one of civil litigants’rights. We should attach equal importance to trial supervision and civil implementation supervision, entity supervision and procedural supervision, litigation supervision and non litigation supervision, supervision according to the application and the power. We should exercise of rights according to law, don’t intervene in the normal procedure of the court. I suggest that we should detail procedures for the the investigation and verification including startup procedure, working procedure, emergency procedure, etc. The civil protest and inspecting suggestion are necessary after the investigation. If the court’s decision is right, we can end the whole supervision and through mediations make the litigant agree to appeal no more.
Keywords/Search Tags:The right to investigate and verify, Investigate violations, Supervision idea, The contents of Investigate and verify
PDF Full Text Request
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