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Study on the Right of Investigation and Evidence Collection of Prosecution in Civil Protest

Author: XiaoSenHua
Tutor: ChenGang
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Civil Appeal Investigation and Evidence Collection Measures to Improve
CLC: D926.3
Type: Master's thesis
Year: 2009
Downloads: 188
Quote: 3
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Abstract


The reform and improvement of the civil appeal system for jurisprudence in recent years is a very popular topic. The newly revised "Civil Procedure Law" in 2007 increase the conditions for civil appeals, which fully reflects the rising status of procedural justice, however, the provisions whether the prosecution have right to enjoy investigation and evidence collection for the effectiveness of civil appeal did not appear in people’s expectations, which makes the right of investigation and evidence collection for prosecution’s appeal Can only invoke " the Case-handling rules of civil and administrative appeal cases for People’s prosecution " which was issued by the Supreme People’s prosecution promulgated,and " the Case-handling rules " which whether the prosecution has right to investigate and collect evidence for procedural violations also does not require, which do not harmony to the newly revised "Civil Procedure Law"obviously. In recent years, the people’s awareness of law is increasing , the legal supervision efforts of the prosecution also is strengthening, and the civil appeal cases are increasing year by year, However, due to the deviation of the guiding ideology of legislation, the rough and unreasonable of the law , the prosecution mechanisms of our civil appeal is not reasonable, and its role can not be fully played, therefore, under market economy conditions, the reform and improvement of the system for the prosecution in appeal has become unusually urgent.This article starts from the meaning and the nature of the investigation and evidence collection right of prosecution in civil appeal and trials to inquire its ideological roots. In order to meet the market economy conditions and the modern civil philosophy, the article focus to analysis three views about the investigation and evidence collection right at present—the view of abolition、the view of strengthen and the view of restriction, and a corresponding assessment, and analyze the significance of its existence from the practical point of view. Objective analysis the issues of the investigation and evidence collection right for people’s prosecution in civil appeal on the legislative and judicial practice, and on this basis, the article put forward the basic ideas to improve the system of the investigation and evidence collection right for the prosecution in civil appeal, and under the guidance in this line of thought, the article propose five measures to improve, includes: the investigation and evidence collection right is explicitly given to prosecution in civil appeal in " Civil Procedure Law ", as well as the scope、the start man、the spent and the protective measures.

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