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Administrative Enforcement Of Procuratorial Supervision Of The Reality Of Difficulties And Solutions

Posted on:2019-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhangFull Text:PDF
GTID:2416330545976125Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative execution consists of administrative execution,accusing the administrative execution,the civil dispute execution of administrative adjudication and imperative direct execution of administrative decision four categories,the main administrative execution as the main body of the people's court for execution of the activities are widespread execution problems in practice,lead to dispute judicial fairness,so that the social from all walks of life to strengthen the administrative execution of procuratorial supervision calls more and more high,expect more and more is also high.Especially in procuratorial organs indictment of duty crime after transferred to the supervisory committee,stressed regression legal supervision authority of the constitution orientation focus on supervision and its main business,has become the era of procuratorial organ must choose.Administrative execution of procuratorial supervision as the procuratorial organ of a new business and new areas,there is a way of supervision and legislation principle is too fuzzy,supervision and weak power of ranks,supervision,insufficient rigidity,method of examining conflict,diabetes mellitus,such as information sharing of practical difficulties,serious influence their supervision effect,thus to seek solution to the dilemma and perfect the administrative execution of procuratorial supervision becomes a subject needs to be discussed.Only by constructing a perfect and efficient administrative supervision system can we effectively regulate the implementation activities,safeguard the legitimate rights and interests of the parties,and realize social equity and justice.Article in the first place in the set after the concept and connotation of the administrative execution of procuratorial supervision,from the Angle of administrative enforcement activities of the people's courts,from two aspects of necessity and feasibility analysis of administrative execution of procuratorial supervision and the cause of the rise in the modern rule of law practice;Secondly from the procuratorial organs in the judicial practice,the effectiveness analysis of the application of the mode of supervision,points out the reality of the administrative execution of procuratorial supervision faces,and then to analyze the causes of the difficulties,such as the law is not clear,the lack of procuratorial supervision mode and challenge,traditional restriction,unreasonable evaluation mechanism,etc.;Finally in view of the above analysis of the reasons for the formation of administrative execution of procuratorial supervision of dilemma,from the legislation,the procuratorial suggestion way,procuratorial organs internal execution supervision and guarantee mechanism and the procuratorial supervision and propaganda education,big data using perfect,put forward the solution of the administrative execution of procuratorial supervision predicament path,to further play to the greatest efficiency of the procuratorial organs supervise the administrative enforcement activities of the people's courts.
Keywords/Search Tags:administrative execution, Procuratorial organs, Procuratorial supervision, Supervision way
PDF Full Text Request
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