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The Improvement of Civil Prosecutorial Supervision System

Author: YouAiPing
Tutor: QiShuJie
School: Xiamen University
Course: Legal
Keywords: civil prosecutorial supervision protest civil public prosecution civil execution
CLC: D926.3
Type: Master's thesis
Year: 2008
Downloads: 310
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Abstract


When the Civil Procedural Law of PRC was amended in 2007, the civil prosecutorial supervision system in china meliorates with the reform of the whole civil retrial system. In the aspect of civil protest system, the problem of civil trial grade and trial term was solved, while the appeal for the right of picking up civil case files to read and the right of investigation remains unsolved, and the system of prosecutorial supervision of civil execution and civil public prosecution system were not adopted by the legislature either. So the need of legislation on these aspects is very strong.The reform of civil prosecutorial supervision system cannot be fulfilled by mere theoretic disputes. For the Civil Procedural Law of PRC was amended and implemented just before, and in the near future it is unlikely to revised the code, so it’s unrealistic to expect the supervisees to consciously accept prosecutorial supervision. For the supervisees will inevitably resist in various ways, so to reform civil prosecutorial supervision system will be a long process. Based on the analysis of the historical background, current legislation and judicial practice of civil prosecutorial supervision system, this dissertation will investigate the reform of civil prosecutorial supervision system and put forward some suggestions.Besides the introduction and conclusion, the dissertation comprises four chapters.Chapter one is about the historical background. In order to achieve a better orientation in the analysis of civil prosecutorial supervision system, chapter one explores the historical background of domestic and international civil prosecutorial supervision system.Based on the comparison between the old Civil Procedural Law with its revised version, chapter two analyzes the deficiency of the current civil prosecutorial supervision system and demonstrates the need to reform the system.Chapter three investigates the judicial practice of the current civil prosecutorial supervision system, and suggests the basic thought of the reform of the system.In accordance with the provision that the procuratorate’s protest should be initiated through civil adjudication supervision procedure, the dissertation suggests the necessity of the reform of civil prosecutorial supervision system, and puts forward some suggestions for the design of the procedure from the perspectives of judicial practices and legislature.

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