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Study on Prosecution and Supervision System of Civil Implementation

Author: JiangTao
Tutor: LiuYanFang
School: Anhui University
Course: Legal
Keywords: Civil enforcement Procuratorate’s supervision of civilexcution Program construction system safeguar
CLC: D925.1
Type: Master's thesis
Year: 2012
Downloads: 241
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Abstract


Civil administrative procuratorial system is a unique legal system in China, which is deeply rooted in our country’s constitutional system. In essence, the civil administrative procuratorial system is a concrete manifestation of the legal supervision power to be exercised by the procuratorial organ in the field of civil and administrative litigation. From the nearly thirty years of judicial practice, the civil administrative procuratorial system in correcting the wrong judgment, ensuring the people’s legitimate rights and interests of the masses, safeguarding judicial justice and other aspects have played a huge role in promotion. To people’s regret, in the current judicial practice, the civil administrative procuratorate only implement the supervision to the activities of the civil administrative trial. There is no uniform practice and experience on the civil execution legal supervision. It has been a controversial topic whether civil enforcement shall receive procuratorial organs supervision or not for a long time. There exists continuously argument about the above controversial topic between Courthouse and procuratorate.On the one hand, the procuratorial organs try to the civil execution by launching a large number of civil execution supervision pilot projects and expounding the legitimacy and rationality of procuratorial supervision, strengthening the Supreme People’s court is changing"the chaos in implementing" situation by establishing and improving the enforcement mechanism, and even has issued many a judicial interpretation to reject the execution supervision of procuratorial organ.With the rapid development of economic society, more and more civil disputes and controversies turn to the legal procedure,and more and more attention has been paid to the civil enforcement.The difficulty and the chaos in enforcement also become the shadow which is never to be removed between the court and the parties. When the interests of the right-holders cannot be protected totally and timely, civil litigation will lose its meaning and value. As for this, the academic circles and the practical realm have clearly realized that, in the current, the supervisory defects that the court has is difficult to overcome; Under the condition that the National People’s Congress and the media supervision are weak and feeble, the best choice for making the civil enforcement activities out of the predicament is to establish a strong external supervision mechanism. In August31,2012, the new civil procedure law was passed, enabling to establish the civil execution Attorney system.The establishment and the consummation of one system is a long and arduous process. There exists series of problems needing to be solved by legislation, how to determine the nature of civil execution supervision and inspection system, which is a separate system or a reinforcement to private relief system; how to define the target and range of the civil execution procuratorial supervision; how to construct scientific and effective supervision rules and so on. In the author’s opinion, as an important component in the civil procuratorial supervision, the prosecutorial supervision of civil execution shouldn’t only become a supplement of the courter inner supervision and enforcement relief, but should give it a separate mission, that is to say, having a certain methods of supervision,which is different from the methods of trial supervision, including its special principle, mode and construction means, then the procuratorial supervision of civil execution system will become a unique content in China’s procuratorial system.In the near future, with the procuratorial supervision of civil execution system perfected increasingly, I believe that the Trinity, namely, procuratorial organs external supervision, the court internal error correction, the parties Private relief, the human rights protection system will eventually become one of the important systems of Civil Procedure, meanwhile, the problems plaguing the court execution for so long time will be settled thoroughly.

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