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The Research Of The Application Of Civil Procuratorial Suggestion In China

Posted on:2017-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:H ChenFull Text:PDF
GTID:2336330536953413Subject:Law
Abstract/Summary:PDF Full Text Request
It is the first time that the new civil procedural law has made the procuratorial suggestion as a lawful way of procuratorial supervision,and widen the scope of procuratorial supervision to the whole civil litigation activities.With the constantly improvement of the legal status of the civil case inspecting suggestion,and the enlargement of the scope of its application,the civil case inspecting suggestion play a more important role in procuratorial supervision work.But there were still many problems in practice since the implementation of the new civil procedural law has been three years.This article is intend to ensure the procuratorial suggestion run within the legal framework,and play its full role in the supervision,through the discussion of the civil case inspecting suggestion,which include its range of application,investigation and collecting evidence right,and applicable procedures,and also the manufacture of the procuratorial suggestion documents,and its validity.The first chapter of this article is a brief introduction procuratorial suggestion.It point o ut the different between prosecutorial suggestion and civil protest,from concept to the features.As the way of procuratorial supervision,procuratorial suggestion has its own unique application scope and application procedure.Overview of procuratorial suggestions,it discusses the object sequence of events.The second chapter of this article discusses the application scope of civil prosecutorial suggestion.First,it analyze the necessity of conform a reasonable.Secondly,point out the problems existing in current scope of application,after analyze and explain the theories of application scope and present situation of Chinese civil procuratorial suggestion.It is necessary to clear its application scope,because differentiate scope can guide procuratorate and court's work better.The third chapter of the article is to discuss about the applicable procedure of the civil procuratorial suggestion.This part starting with principle which applicable procedure need to comply.analyzes the lack of efficacy of applicable procedure and the imperfection of relevant remedy procedure.This part also makes the system clear,normlize the procedure and effect of reinforcement,can promote the procuratorial suggestion run efficiently.The fourth part of this article discusses the scope and procedures of the right to investigate acquire evidence of procuratorial organs.This part introduces the present situation of the scope and procedures of the right to investigate acquire evidence,and point out the existing defects.Then the article focus on the re-improving of applicable procedure and scope of the right to investigate acquire evidence.This article proposes to limit the scope of application suitably and put forward an concrete proposal about the standard organization of applicable procedure,to ensure the objective and fair of evidences and the investigation and collecting evidence right in act.The last chapter is about the effect of procuratorial suggestions.This chapter pointed out that the procuratorial suggestion's lack of coercive force effect is insufficient,must from legislation and guarantee mechanism of to improve this situation,pay attention to the production of documents,ensure the seriousness and standard of and suggestions for improvement of quality,makes the effect of strengthened.
Keywords/Search Tags:Civil procuratorial suggestion, Scope, Procedure, Effectiveness
PDF Full Text Request
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