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On the legal supervision of the civilian implementation of the

Author: MengYue
Tutor: YangZhen
School: Heilongjiang University
Course: Civil and Commercial Law
Keywords: Civil enforcement of court monitoring supervision rocuratorial supervision
CLC: D926.34
Type: Master's thesis
Year: 2009
Downloads: 162
Quote: 1
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Abstract


This article is for the civil implementation of the revisions of the lack of supervision of the existing judicial practice and the implementation problems have arisen on how to reform and improve the civil implementation of the supervision system, after thinking a long time after the accumulation of experience. Briefly in the third art of the implementation of China’s civil revisions of the existing monitoring system, and then pointed out that the existing requirements are mainly the suervision of the court itself, and such supervision in the same court, the lack of effective checks and balances between the lower court in the management institutional and other reasons it is difficult to achieve the effect. In addition, the lack of integrity of the arties and entities of the procedural rights of the relief, as the legal supervision of the socialized agencies the Peole’s Procuratorate also difficult to effectively monitor the implementation of the civilian implementation, and this led to the implementation of chaos, implementation difficulties, the implementation of a series of serious violations of discipline and law The emergence of the reality of the problem. In the fourth art of the reform arousal in the imlementation of the suervision system is a civil rule of law in modern society and the public an essential requirement for the exercise of owner, is to improve the civil action, the implementation of legislative oversight to ensure that the need for uniform implementation of the law is the implementation of the right nature, characteristics and maintenance of the implementation of participants necessary rights, but also the implementation of chaos control to ease the implementation of difficult to contain the reality of the need for the implementation of the law. And further demonstrated that the reform of court suervision, client suervision, suervision and rosecution of legal basis and legal basis for aging the way for how to reform. In the fifth art focuses on the implementation of China’s civil oversight reform ideas. In explaining the philosophy and principles of reform, the First, the Court pointed out the ways to improve internal oversight mechanisms, including the implementation of system and institutional reform, the implementation of empowerment division of labor, such as the implementation of aspects of the implementation monitoring system; Second, clearly need to reform the implementation of the relief system, given to the arties and interested ersons and entities on rocedural right to relief, and supervision, including the implementation of procedural and physical separation of the implementation of relief, set u the implementation of objection and the objection to the ail and so on; The third is to give emphasis on the implementation of procedures for the civil prosecution the right of legal supervision, supervision of the Crown of the object, scope, method and procedures of supervision have been described in some detail.

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