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Investigation And Study On The Supervision Work Of The People's Procuratorate Of Y County

Posted on:2020-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LiFull Text:PDF
GTID:2416330596484662Subject:legal
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Civil and administrative procuratorial supervision is an important legal supervision function of the procuratorates.With the reform of the judicial system and the establishment of a perfect legal supervision system,it is more and more important to implement the policy spirit and legislative requirements of strengthening the procuratorial supervision of the civil administrative agencies.Article 235 of the revised Civil Procedure Law clearly stipulates the power of the procuratorates to exercise legal supervision over civil execution activities.Procuratorial organs have actively changed their concepts,adapted to the new tasks and requirements set out in the revised Civil Procedure Law,and fully fulfilled their legal supervision responsibilities.In 2014,China amended the Administrative Procedure Law.Article 11 of the newly revised Administrative Procedure Law stipulates that the People's Procuratorates have the right to exercise legal supervision over administrative proceedings.It clarifies the legal supervision rights of the People's Procuratorates over administrative proceedings,and the relevant provisions of the Civil Procedure Law apply to the supervision of administrative proceedings by the People's Procuratorates.Therefore,it also establishes the system of protests by the higher procuratorates and the procuratorial proposal system of the procuratorates at the same level.The connotation and extension of administrative procuratorial work have undergone new and significant changes.From the scope of supervision,from the single administrative litigation supervision in the past,to administrative litigation supervision and supervision of administrative violations.In terms of the objects of supervision,the people's courts were mainly supervised in the past.Now the law clearly stipulates that the number of people's administrative mediation books,unlawful acts of judges,and administrative execution activities have been increased.According to the requirements of the Fourth Plenary Session,it is necessary to gradually expand to administrative violations and non-exercise of functions and powers found by the procuratorial organs in the performance of their duties.In terms of supervision methods,from the previous legal provisions of protest,supervision and prosecution,procuratorial suggestions,starting public welfare litigation and other diversified methods.In terms of the source of cases,from the past,mainly the application of the parties to the development of the parties,in addition to the parties' applications,they can also perform their duties through the procuratorial organs to discover and supervise ex officio.These important changes determine the future development direction of administrative procuratorial work and are of great significance to the improvement of the administrative procuratorial system and even the socialist procuratorial system with Chinese characteristics.Under the new situation of judicial system reform,it is very important to strengthen the supervision of civil administrative procuratorial work.Procuratorial organs should further enhance their awareness of legal supervision,give more importance to the supervision of the procuratorial work of the Bank of China,increase legal supervision over civil administration,and give full play to its positive role in promoting judicial justice and maintaining social stability.This This article consists of five parts.The first part is to Y county people's procuratorates people's procuratorates supervision and investigation of the basic situation.Firstly,the author explains the choice of Yxian people's procuratorates,and lists the representative and advantages of Yxian people's procuratorates as the basic level procuratorates for civil administrative procuratorial supervision.This paper briefly describes the investigation of the civil administrative procuratorial supervision work of the People's Procuratorate of Yxian County and the research methods used in this research.The second part is the status quo of the civil administrative procuratorial supervision of the basic level procuratorates and the problems and reasons.Through a four-month survey of the People's Procuratorates of County Y,interviews wereconducted with prosecutors of the Civil Administrative Procuratorates Section,procurators of other departments and staff members,and questionnaires were sent to the public on the issue of supervision and control of civil administrative procuratorates.The data obtained from the research are collated and summarized.These data provide data support for the problems of civil administrative procuratorial supervision and the analysis of reasons,and lay a foundation for solving the problems of civil administrative procuratorial supervision.The third part is to collect and analyze the data and materials obtained from the investigation,and comprehensively summarize the current situation of the civil administrative procuratorial supervision work of the basic level procuratorates in China,as well as the existing problems.It also hopes that through an in-depth analysis of the existing problems in the supervision work of CDB's procuratorial work,the reasons for the existing problems are obtained,so as to propose targeted measures.The fourth part is the current situation and existing problems of civil administrative procuratorial supervision of the basic level procuratorates mentioned in the third part of this article.Analysis of data and materials obtained through research,For the existing civil administrative procuratorial supervision work,there are few cases of supervision by the civil administrative procuratorial supervision,the weak supervision power of the civil supervision,the low social awareness of the supervision function of the civil supervision,the lack of awareness of the parties through the supervision of the civil supervision,and the effectiveness of the supervision function of the civil supervision China has put forward corresponding suggestions on such issues as the imperfect supervision mechanism,such as strengthening the linkage with relevant units and departments,strengthening the development of the procuratorial supervision institutions and teams of the Bank,strengthening the construction of the mechanism for the source of cases,and publicizing the procuratorial supervision functions of the Bank.We will set up a system for notifying China's citizens 'procuratorates,strengthen and improve the publicity work of civil administrative supervision,highlight the key points ofsupervision,and organize special actions in due course.The fifth part is the conclusion.In the conclusion part,I talked about the current situation of civil administrative procuratorial supervision work.Through the collation and analysis of the research data of the People's Procuratorate of Y County,I found out the problems,reasons,and corresponding countermeasures related to the supervision of civil administrative procuratorial work.Under the background of judicial system reform,new requirements and expectations for civil administrative procuratorial work.
Keywords/Search Tags:Legal oversight, Supervision of civil administration, Basic People's Procuratorate
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