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Civil Execution Supervision Prosecutorial Suggestion On Problems And Countermeasures Of Research

Posted on:2015-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:G L ZengFull Text:PDF
GTID:2296330434952868Subject:Law
Abstract/Summary:PDF Full Text Request
With the new "Civil Procedure Law" in the January1,2013came into force, the use of civil prosecution suggested ways to supervise the implementation of the country’s Procuratorate progressed, which also makes the procuratorate civil proceedings to achieve a system of supervision. But nearly a year by implementing more and more scholars have found, prosecutors suggested the emergence of such supervision is not clear scope, effectiveness and other issues in the implementation of flawed supervision of civil, so the civil procuratorial proposals to perfect this system to perform monitoring has become a hot issue on current research. In this paper, based on theoretical and empirical analysis on two levels, the civil procuratorial oversight of the implementation of the problems suggested a more in-depth analysis, put forward some countermeasures from the fine and improve existing legal norms related systems in two ways. Paper is divided into five parts.The first part is an introduction, first raised the issue of this study, followed by the current domestic issues of this paper conducted a simple overview of the final account of research ideas and research methods.The second part, from the perspective of the theoretical analysis of the nature of the prosecution proposal, institutional positioning, prosecutors recommended characteristics, the role of procuratorial supervision of four aspects of a more thorough analysis, the prosecution suggested one way to exercise prosecutorial power, in nature should be within the scope of prosecutorial power; protest on the effectiveness and different, should be programmed with the effectiveness; generous proposal, including the Attorney General on the implementation of a preventive supervision of the execution of civil violations, improve the efficiency of the implementation of oversight and so on four aspects.The third part, on the status of civil procuratorial proposals perform an empirical investigation supervised by a district prosecutor’s Procuration on between the people responsible for the supervision of the exchange line and the most recent year for civil implementation Attorney hospital characteristics proposal sent by analysis Attorney hospital found some problems exist in the proposed system is running, and by referring to other literature, summed up the current proposal, there are several questions about prosecutorial supervision of the implementation of the civil and the causes of these problems were analyzed and the own point of view.The fourth part, prosecutors recommended for the current problems in the implementation of the civil oversight, through the analysis of the reasons put forward the fine aspects of the existing legal norms from perfect laws and regulations defining the scope of supervision, prosecutors recommended a clear procedural efficacy, refinement system Measures issued proceedings; from prosecution recommended the establishment of supporting systems to perform oversight proposed the establishment of a civil protection system, perfect relief ways to establish scientific and standardized assessment system measures, expectations for improved oversight of the implementation of the civil procuratorial proposals benefit.The fifth part of the research paper with a brief summary, and a description of other issues need to be accountable.
Keywords/Search Tags:Prosecutorial Recommendations, Civil Execution, LegalSupervision, Legal Effects
PDF Full Text Request
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