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Study on the Civil Execution Procuratorial Supervision Mechanism

Author: ZhangJingJing
Tutor: PuYiWei
School: Ningbo University
Course: Legal
Keywords: civil execution procuratorial supervision executive relief
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 67
Quote: 0
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Abstract


Civil execution program is an important and relatively independent one in civil lawsuit. It relates that the rights and obligations determined by the legally effective civil judge will eventually get implementation. Justice must rely on the fair and effective execution so that the court’s impartiality can be eventually manifested. Judicial practice shows that after the effective civil referee, many difficult and random problems have been showed in civil execution process. The revised civil procedure law although increased implementation measures to make the execution efficient and orderly, for the legal supervision enforcement problem is still not involved. Therefore, in order to resolve these problem thoroughly,its main measure not only lies in perfecting the implementation process level system, but also configurating the external legal supervision procedure system on civil execution.The article composes of four parts as below :The first chapter mainly discusses the status quo of our country’s civil execution supervision.First,the article analyses the problems existing in civil execution process,which can build a fundamental base for the whole article,so that readers can have a general understanding on civil execution situation.The second part is about the status quo of civil enforcement supervision.And third, it describes the positive exploration in many areas on procuratorial supervision in civil enforcement, in order to provide realistic suggestions basis for the below.Section 2 discusses the legitimacy to establish the civil execution procuratorial supervision mechanism. The article concretes from the following three aspects to discuss: reality needs, theoretical foundation and relations between civil enforcement procuratorial supervision and the remedy of executing. So no matter from the realistic level or from the legal theory level,the purpose is to by the relatively perfect argument to show the necessity of establishing civil enforcement procuratorial supervision mechanism.The third part begins to construct the procuratorial supervision mechanism. This paper puts forward the author’s own idea about the content,methods and scope of establishing the mechanism and the basic principle of this problem, setting a foundation for the entire civil enforcement procuratorial supervision mechanism. It involves when to intervene civil enforcement, and in which circumstances can use procuratorial supervision and how to limit it. Last part is arguing about specific operating procedures assumptions and legislative proposals. This article tries to summarize the basis of former proposed own view, in order to play a certain stimulative effect on the practice of civil enforcement.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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