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The Estate of the System of Civil Prosecutorial Supervision

Author: LiZuo
Tutor: ZhangHaiYan
School: Shandong University
Course: Legal
Keywords: system of civil prosecutorial supervision extraterritorial investigation current condition necessity perfect
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 119
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Abstract


The system of Civil Prosecutorial Supervision being late start and the deficiency of the theoretical research and legislation is important one in our country, which needs be improved. Now set "On the Civil Prosecutorial Supervision" as my title, the dissertation gives some assumptions and specific suggestions to improve the System of Civil Prosecutorial Supervision from different aspects.The dissertation is divided into five parts except introduction and conclusion. Now I will introduce the main body separately.At the beginning, the first part in my thesis makes an overview about the Civil Prosecutorial Supervision. This section describes the content and legal characters of the System of Civil Prosecutorial Supervision. Four models of the System of Civil Prosecutorial Supervision are also introduced:monitoring mode of state intervention, unified legal system based supervision model, procedural safeguards and public oversight model-based representatives.The second part introduces the System of Civil Prosecutorial Supervision in foreign countries, including France, Russia, Britain, America, Germany, and Japan.The third part is an analysis of current System of Civil Prosecutorial Supervision in China. First of all, the evolution of the System of Civil Prosecutorial Supervision in the two periods of before and after the found of PRC is introduces. Then the introduction of China’s current legislation of the System of Civil Prosecutorial Supervision is given. Lastly, defects of the Supervision of China’s Civil Prosecution are formulated.The fourth part is the inspection and supervision system of civil dispute over the abolition of the general. First of all lists that the monitoring system should be abolished the Crown’s point of view held by some reason, I had 11 of its rebuttal. Based on this analysis, the author described the necessity and reasonableness of the existence of this system.The fifth part is the reconstruction of System of Civil Prosecutorial Supervision. This section includes six areas:inspection and supervision system of the civil standard way, improve the existing system of civil protest, setting the civil public interest litigation system, the establishment of inspection and supervision system for the implementation of the pilot Crown reconciliation system and strengthening the supervision of the practice of judicial personnel.

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