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The Study of the Present Situation and Jurisprudence Analysis about the System of Procuratioroal Supervision to Civil Execution

Author: LeiXiaoZuo
Tutor: LiuBinBin
School: Lanzhou University
Course: Civil and Commercial Law
Keywords: Civil execution Procutorial Supervision Legality Neeessity
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 247
Quote: 0
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Abstract


The current judicial practice in China, it is does exist so many questions in the civil execution procedure, such as implementing difficultly and implementing disorderly. One of the reasons is lack of supervise in the execution procedure. The fair implementation must be a happy ending after a fair trial. The civil execution not only effects the realization of court’s effective decision and justice, but also the realization of process of the socialist rule of law. The prosecution execution is a main way of implementation oversight.In the current judicial practice, there are some hardness in the prosecution execution process, such as lack of legislation, lack of specific operational rules in the implementation oversight process, as a result, it is difficult to achieve a substantive breakthrough.This paper include three parts, there are introduction, body and conclusion. The body include five parts.The first chapter is the analysis of the civilian implementation of the monitoring. This is the innovation of this paper. On the basis of the empirical social research methods and on the analysis of judicial practice in the civil status of the implementation of supervision, the author proposes many problems and shortcomings of the civil implementation supervision system.The second chapter discusses some views of the implementation of inspection and supervision. First, the paper described the views of the People’s Court about the implementation of inspection and supervision. Second, from the prosecution point of view of civilian implementation of the inspection and supervision to be analyzed. Finally, proposed the argument of scholars.The third chapter the legitimacy and necessity of civil procuratorial supervision over the implementation.First, it proved the validity of the civilian implementation of the inspection and supervision form two aspects. Second, it analysised the legitimacy of the civilian implementation of inspection and supervision.The fourth chapter is the law foundation of the prosecutorial supervision of civil execution. The paper Describes the nature of prosecutorial power, the purpose and limits of civil procuratorial supervision over the implementation, the legal relationship between the implementation of procedures.One the analysis of the problems and deficiencies of Civilian implementation of the inspection and supervision. the fifth chapter, the paper Proposed conception of constructing the system of civil procuratorial supervision.

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