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Study and Analysis of Civil Supervision Power by Procuratorial Organ

Author: LiLi
Tutor: JiaDengXun
School: Lanzhou University
Course: Civil Procedure Law
Keywords: Procuratorial Organ Civil supervision power Civil Right of Protest Procuratorial Right of Suggestion
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 41
Quote: 0
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Abstract


In recent years, as citizens legal system consciousness of improving and strengthening the legal supervision, court accepts the civil protested cases and procuratorial Suggestions to increase annually, through the case from the hearing of the case, these to a certain extent, prevent and corrected the mistake judge, insure the judicial justice, but also appeared to complete the procuratorial organs, procuratorial work index, protest suggestion too active, protest the phenomenon of low quality of the current, which take effect to judge advocate maintaining court of res judicata, set up the judicial authority is unfavorable. Adjudicative and procuratorial power can be related to be coordinated, assisted and restricted, not rejected and confronted. Procuratorial supervision power is over emphasized and imported into civil judgement, even to a certain extent, its result trying to replace jurisdiction is necessarily weaken court jurisdiction independence, thus damage to exercise jurisdiction, endanger the authority of court of justice, and even cause ChanSu, tangle visit phenomenon. The main reason is the current laws regarding the provisions of the civil prosecutorial supervision, which causes the imperfect operating conditions and the function which should carry far, plus the procuratorial organs and judicial organs for the case fairly standard, resulting in practice different understanding to the divergence and conflict. Therefore, it is necessary to analyze and discuss the existing system, prevent the procuratorial organs abuse of power and play the role of civil prosecutorial supervision.The our country civil procedure law is an important guiding ideology is "seeking truth from facts, must rectify" have been wrong. If the judge’s the referee did not reflect fairness, the result of rational person is necessarily contusions equity, justice beliefs. The civil trial supervision system, the mission of the procuratorial organs is one of to exercise legal supervision over civil proceedings, make the legal rights of the parties get remedies, make judicial organs should not be lost fair and authority to supplement to arousing the respect of legal authority.

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