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The civil prosecution oversight functions positioning

Author: GuQingLi
Tutor: DuanHouSheng
School: Fudan University
Course: Legal
Keywords: Civil Prosecutorial Supervision Functions of the position Scope of functions Functional approach
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 72
Quote: 0
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Abstract


According to the Constitution , the People's Procuratorate of state organs for legal supervision . Accordingly, the People's Procuratorate to exercise more extensive legal oversight functions , prosecutorial oversight of civil procedure also within this range . But in view of the Civil Procedure Law of the People 's Republic of China is more vague law system for the supervision of civil prosecution , civil prosecution supervision positioning unknown , and restricted the scope of the exercise of its functions . In practice , civil prosecution supervision by the many challenges . Admittedly , civil prosecution supervision congenitally deficient defects in the legislation , but the legal basis of the system , legitimate, reasonable value orientation . Start from the supervision and performance of their duties the status quo of China 's civil prosecution , the analysis of the achievements of the Civil Prosecutorial Supervision in the operational level and the presence of a number of issues , the judge of whether civil prosecution functions should be the abolition , from the history of the system of national civil prosecution comparative analysis , accurate positioning of the scope and manner of civil prosecutorial functions of civil prosecution . Finally, the combination of China 's judicial practice , the perfection of the system of the current civil prosecution presented several feasible suggestions . This article is divided into three parts of the introduction, body and conclusion . INTRODUCTION mainly elaborated this problem to be solved and the basic point of view . The text is divided into four chapters . The first chapter from the start with the similarities and differences of the supervision system of foreign civil prosecution , in-depth analysis on the status quo of the performance of their duties of Civil Procurator Supervision System , highlighting the problems . The second chapter is the necessity for the supervision of civil prosecution in the judicial system in detail . The third chapter of prosecutorial power positioning functions for the correct positioning of the supervision of civil prosecution . The fourth chapter is to make recommendations to the Perfection of China 's civil prosecution . The concluding part of the point of this article for a summary statement .

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