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The Civil Conducts Supervision and Procedures of China

Author: LiaoYuanLing
Tutor: LiaoYongAn
School: Xiangtan University
Course: Procedural Law
Keywords: Civil enforcement power Party supervision Court supervision Procuratorate supervision
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 26
Quote: 0
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Abstract


How to supervise the civil enforcement power and setup the procedures, involves complicated subjects of right and power. Therefore, how to give full play to the right to control the power,and achieve the restriction between them through scientific configuration, is the primary task to solve this problem. Although the academic and the practical have maken a lot of discussions and reforms about it, the boundary and the properties of the civil enforcement power have been arguing about a long time and not make clear. The restriction of powers between Conducted court and Executive referee court under the Nevada court are usually just formalism. The lack of participation make the right too abstract to demonstrate their due role. When comes to the Procuratorial supervision, both the lack of preparation and the awkwardness of external environment make it always in marginal status.This paper, starting from the reality,think that the civil enforcement power should be adopt special understanding, namely, only include conducted right and the procedural matters jurisdiction, not including the Judicial trial of substantive dispute during the Implementation process, in order to clear that the main nature of the civil enforcement power is administrative power. Considering the special situation of China, the civil enforcement power should be performed by the court, but its supervision of pattern should be based on the supervision of executive power. Secondly, the scientific configuration of the court conducts is the foundation of all supervision system. We should enforce the implementation court and execute courtrooms independent from Nevada, and keep parallel with the other institutions of the court. Meanwhile, considering different jurisdictions in judicial supervision mode between the courts and the superior courts, in order to achieve the purpose of supervise things by supervise people. Based on such a system, perfected the procedural regulation of litigant supervision, such as make clear the accepting institution, the scope of supervision of different supervision and stage, the review procedures, evidence rules, etc. Increase the rights of the parties, so that the parties can start supervision power promptly when come across problems during enforcement, and achieve the purpose of supervise people by Supervise things.Finally, as the necessary external supplement of the executive supervision, although in recent years the procuratorate has done a lot and obtains some effects, in the areas of development obviously at an early stage, and lagged far behind the court, which make it difficult to reform the supervisory function. Therefore, we should design feasible procedure to regulate and promote the procuratorial supervision to the civil enforcement power.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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