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Empirical Analysis And Legislative System Of Civil Enforcement

Posted on:2017-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y H WuFull Text:PDF
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Executable program though is the judicial final a link, but perform smoothly is basic guarantee of justice. In order to solve the problem of executing programs appear, in the revision of the civil procedure law in 2012 joined the civil execution procuratorial supervision system, specially legislators intended to promote the court by the intervention of procuratorial organs perform run efficiently, but the system is relatively new, legislation is not enough, cause the system did not give a concrete operation scheme. The procuratorial organs at all levels is unable to exercise the power in hand. In order to make the system be used in the practical work, the author set up the specific procedures for it.This paper begins by analyzing the two typical cases of the Supreme Court, points out the shortage of execution of procuratorial supervision system. And then through the analysis of the law it is concluded that the specific problems of execution of procuratorial supervision system in China, including the specific scope of execution of procuratorial supervision not clear; Do not have a unified supervision mode; Do not have a unified supervision mode; Supervision and running the program is not perfect; Supervision and lack of necessary protection; Supervise the problem such as the lack of restriction. In pointed out the problems at the same time combined with a case, this paper analyzes the reason of the problem and the impact of problems on system operation.Finally, aiming at the problems above, and combined with system the reason for the existence of the problem put forward the improvement of the relevant measures. Made clear the specific scope of procuratorial supervision, including improper execution decision, not as in the implementation process, execution of state by the behavior of public interest law enforcement agencies, such as illegal behavior. Are to be highlighted at the same time, the relevant state organs executed behavior should also belong to the individual does not fit the scope of procuratorial supervision. The supervision of procuratorial organ way also made specific provisions, including procuratorial advice and correct illegal notice, etc. The procuratorial supervision system to run the program tries to make clear to not clear place, procuratorial supervision start way, specific jurisdiction made specific provision, etc. For the guarantee of civil execution procuratorial supervision also set the relevant supporting measures, such as investigation, prosecution suggestion feedback or safeguards. The procuratorial supervision in not absence at the same time, it should be not offside, so as not to cause violation to the executive power. Hope relevant laws and regulations can come as soon as possible, make up the lack of laws and regulations, to implement civil execution procuratorial supervision system, inspection method of the two together to solve the problems existing in the enforcement procedure.
Keywords/Search Tags:Execution of Procuratorial supervision, Scope of Supervision, Supervision Way
PDF Full Text Request
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