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Civilian implementation of the supervision and theoretical research

Author: FanYanZuo
Tutor: DuanHouSheng
School: Fudan University
Course: Legal
Keywords: Civil Execution Procuratorial supervision Perfection of Legislation System Construction
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 564
Quote: 1
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Abstract


The creation and operation of a comprehensive implementation of the supervision system, you need to perform the dual authority for internal and external supervision system to regulate the need to make things and post-supervision Inspector combination of three-dimensional multi-level prevention system to protect. Our country is currently facing difficulty in enforcement and implementation of chaos \This article as a starting point to explore the norms of civilian implementation of the supervision and the right to run the best way to fill the gap of the national system of legal supervision, procuratorial supervision as the object on the the procuratorial supervision system Construction of the civilian implementation of the rational analysis. This article consists of three parts of the Introduction, body, conclusion, which the body is divided into four chapters. The first chapter is the civilian implementation of the supervision and overview of the theory. Clear the civilian implementation of the supervision and the civilian implementation of the procuratorial supervision on the basis of the concept the procuratorial supervision system of civilian implementation of the internal and external oversight function were discussed, and that implementation of the oversight powers of the external monitoring more effective and efficient. The second chapter describes the current situation of the civilian implementation of the supervision theory. This section identifies the supervision of civil execution in China in the internal supervision is not ideal, the reality of the absence of external oversight, there is no complete implementation of supervision and law as the basis for legislation. The more serious problem is that the courts and prosecutors on the civilian implementation of the supervision concepts and cognitive differences. The third chapter demonstrated the need to build the civilian implementation of the procuratorial supervision system. From birth defects, to overcome the current civilian implementation of the internal restriction mechanism to reduce the implementation of chaos \To build civilian implementation of the Attorney supervision, enhance Procuratorate in the civilian implementation of the oversight role of the Civil Enforcement practice problems and needs, is the need to establish a scientific and civilian implementation of the monitoring system, but also realize the urgent need of justice. Chapter IV presents the specific ideas Construction of the civilian implementation of the procuratorial supervision system. The purpose of the current situation in our country, build civilian implementation of the procuratorial supervision system is facing lack of legal norms and concepts barriers to two major difficulties. Therefore, first of all, from the concept should develop necessary and correct implementation of supervision and philosophy; Secondly, in the specific system architecture, supervision principles should be established to define the scope of supervision, for the implementation of the implementation of the rights and the different characteristics of the implementation of the right to referee, were constructed concrete supervision system, and finally build the civilian implementation of the procuratorial supervision system program.

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