Analysis of the Civil Procedure Law to modify the opportunities and challenges brought to the grassrWord文档下载推荐.docx

1、 Newly revised <& abstract Civil Procedure Law > involving a wide range of rich content, in particular to strengthen the supervision of the prosecution of civil action activities, provide good opportunities for development to the grassroots of Prosecution in this regard, and the other also wit

2、h a serious challenge from the modification of the Civil Procedure Law of the opportunities brought to the grassroots of Prosecution, challenges and how to deal with other aspects discussed. Civil Procedure Law of the thesis Keywords legal supervision over the implementation of the supervision of pu

3、blic interest litigation First, the opportunities The revision of the Code of Civil Procedure involving broad, rich in content, the highlight of many, including a large part of the amendment is to strengthen and improve the legal supervision of the procuratorial organs, which created a very good con

4、dition, brought to the foundation of Prosecution unprecedented opportunities: 1. To expand the scope of the Attorney supervision provided for in Article 14 of the Civil Procedure Law before the amendment of the “Peoples Procuratorate, the right to exercise legal supervision over civil proceedings” m

5、odified provisions in Article 14 of the Civil Procedure Law of the Peoples Procuratorate shall have the right to civil expressly authorized litigation to exercise legal supervision. “Although only a few word changes, but the change is comprehensive. modified the Civil Procedure Law clearly stipulate

6、s the procuratorial authorities shall have the right to legal supervision of the Civil procuratorial organs rights of the civil litigation process （including trial activities and the subject of litigation （including the judges, and participants in the proceedings, comprehensive oversight. 2. Enrichi

7、ng the mode of supervision. Procuratorial organs to implement the legal way of supervision over civil proceedings before the amendment of the Civil Procedure Law provides only protest the prosecution in practice explored various Attorney recommended “and” correct violations notice effectiveness of p

8、rocuratorial organs and other methods of supervision, but not a law explicitly authorized “recommended” and “notice” Can the court to adopt and giving and receiving, and be rejected of how to dispose of, the laws are not required, such that supervision means discounted in the modification of the Civ

9、il Procedure Law, the increase in the Examination and Supervision of the ways and means: Section 208 of the Civil Procedure Law modified not only provides for the procuratorial organs of the entry into force of the court judgment, ruled that harm national interests, social public the mediation of th

10、e interests of the protest, the third paragraph also provides that “the Peoples Procuratorate at all levels to have committed violations of the trial other than trial proceedings in the trial supervision procedure, the right to be raised to the same level Peoples Court Attorney recommend” In additio

11、n, in order to strengthen the Prosecutorial Supervision of revised the Civil Procedure Law also granted procuratorial organs investigation powers . 3. Clear the right of the implementation and supervision of the procuratorial organs. Difficulty in enforcement and implementation of chaos “has long be

12、en plagued the courts and in favor of the parties, within the Court, and even the Central Political and Law Commission in order to solve the problem of execution of the court have made a lot of reforms and try , but the effect is not obvious. important reason is the implementation and supervision of

13、 the court has been the lack of an effective oversight, but a long time for the prosecution of the supervision of the implementation of activities have been held not match even the attitude of exclusion, and the Attorney authorities for this court refused to even rejecting attitude but do nothing, o

14、f which the most important reason is that the Court has been to perform activities do not belong to a trial activities on the grounds, exclusion procuratorial organs to oversee the implementation of the courts activities. revised has long been a haunt & Civil Procedure Law & 235 provides: “Peoples P

15、rocuratorate has the right to exercise legal supervision of the Civil Execution”, the prosecution expressly granted the right to conduct oversight on the implementation of the courts civil activities, to solve the parties recourse to redress, prosecution authorities supervise no data problem. 4. Cle

16、ar public interest litigation system. Interest litigation is to have a direct interest in the case to a certain level of economic development, social development inevitable demand to a certain extent, but the plaintiffs qualifications “provisions of the Civil Procedure Law based on modified before &

17、 & citizens, legal persons and other organizations. “public interest issues than the traditional civil law between individuals contradictions and disputes to be much more complex, and are often unable to determine the specific direct interested parties, or a direct interest in the people can not aff

18、ord to prosecute due to the Civil Procedure Law restrictions on the eligibility of the plaintiff, so that public-spirited organizations, institutions and individuals not entitled to litigation, this emerging social issues （such as environmental pollution, consumer rights protection issues, and so he

19、avily involved in the public interest to bypass legal channels, triggering mass incidents, is not conducive to the building of a harmonious society. & new with the provisions of Article 55: “pollution of the environment, the behavior of harming the public interest against the legitimate rights and i

20、nterests of many consumers, the law authorities and relevant organizations to the peoples court “provides a clear institutional basis for the procuratorial organs on behalf of the state to the plaintiff in the Public Interest Litigation. Second, the challenges and coping Modification of the Civil Pr

21、ocedure Law of opportunities to the grassroots of Prosecution, the grassroots of Prosecution presented a greater challenge: 1. Supervision and expansion of the scope of the grass-roots of Prosecution team has put forward higher requirements. Before modification of the Civil Procedure Law, the superv

22、ision of the China sector range to limit the scope to the judgments and orders of the entry into force of matter, methods of supervision is also limited to the protest, according to the Civil Procedure Law regulations, to protest only above the level of the Prosecution, grassroots Procuratorate prot

23、est right can only be based on the principle of integration Attorney, handling cases assigned by the higher offices, only recommended that the powers of the protest by the procuratorial organs at higher levels, and its recommendations protest to not produce legal effects, parties and even do not kno

24、w own appeal cases and undertaken by grassroots procuratorate legal instruments making is made by the higher procuratorial organs, procuratorial organs at higher levels of staff to deal with the parties, the grassroots people line no work pressure and power of the prosecution service, coupled with t

25、he increasing pressure of the criminal cases, the leadership of the grass-roots procuratorial organs, taking into account the statistical power limited, often young business ability, higher qualifications prosecutors arrangements to the public prosecution, investigation and supervision or self- surv

26、eillance department, while some of the older work initiative and the ability to work relatively weak prosecutors arrangements to the China line departments work, in order to cope with the cases assigned by the procuratorial organs at higher levels the grassroots of Prosecution department handling th

27、e case capacity is very limited. Civil Procedure after the law changes, the extent of the surveillance extended to the whole process of the entire civil litigation, including the entry into force of the civil judgment, ruling, also including damage to national interests and public interests, illegal

28、 mediation, both civil trial activities, including civilian implementation activities, including many functions are grass-roots procuratorial organs their own responsibilities, is no longer behalf procuratorial organs at higher levels “work” for the role, it made the decision, the production of lega

29、l instruments, represent the grassroots procuratorial organs are made out of a lot of work there is no longer the “gatekeeper” of procuratorial organs at higher levels and guidance for grassroots procuratorial organs, people line departments, will no doubt be a major challenge will be facing in the

30、Civil Procedure to modify. civil action adapted to the grassroots level of Prosecution modification of the law, the effective protection of national legal supervision over the Bank of China at the grass-roots procuratorial work to implement, must strengthen the human resources department of the gras

31、s-roots procuratorial organs, people line configuration, especially the introduction of a number of civil legal profession legal talent, conditional You can increase the intensity of the introduction of the judicial officers from the court. Links to free papers Download Center 2. Increased oversight

32、 tools to oversee the strengthening of grass-roots procuratorial organs, people line pressure on the department, but also make the sudden increase in procuratorial organs, people line the effective supervision of the sector means that only protest before the Civil Procedural Law Revision grassroots procuratorate, people line departments did not protest