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On Civil Enforcement Procuratorial Supervision

Posted on:2021-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:F R ChuFull Text:PDF
GTID:2436330602497707Subject:Law
Abstract/Summary:PDF Full Text Request
The procuratorial supervision of civil execution is a legal system in which the procuratorate inspects and urges the execution and execution of the court and the enforcement of the award according to law,so as to promote the legal and reasonable operation of the court's civil execution activities.Since 2012,the revision of the national civil procedure law has been able to establish this system.However,various reasons,such as relatively lax legislation and inconsistent legal inspection,have restricted the effective play of the function of this system.Through the analysis of the current situation of the civil execution procuratorial supervision system,this paper explores the obstacles in practice,such as the divergence of supervision purposes,the unclear scope of supervision,the poor supervision effect of the supervision method to be refined,and the imperfect supervision procedure,which affect the performance of the supervision.In view of the shortcomings of legislation and judicature,this paper proposes that we should optimize and perfect the legislation,judicature and auxiliary system.To be specific,we should unify the understanding on the legislative level,formulate more detailed supervision rules,and construct the guarantee mechanism and supervision mechanism for the implementation of procuratorial supervision.At the institutional level,the scope of supervision should be clearly defined and efforts should be made to improve the implementation of the procuratorial Suggestions and the feedback system,as well as the review procedures of supervision.At the level of auxiliary system,we should strengthen the team construction of procuratorial supervision,improve the coordination and communication mechanism and broaden the channels of procuratorial supervision.
Keywords/Search Tags:Civil execution procuratorial supervision, Civil enforcement procedures, Perform random, The procuratorial suggestion
PDF Full Text Request
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